[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2682 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2682

  To exclude from admission to the United States aliens who have made 
investments directly and significantly contributing to the enhancement 
  of the ability of Cuba to develop its petroleum resources, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 27, 2006

  Mr. Nelson of Florida introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To exclude from admission to the United States aliens who have made 
investments directly and significantly contributing to the enhancement 
  of the ability of Cuba to develop its petroleum resources, 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. NULLIFICATION OF MARITIME BOUNDARY AGREEMENT.

    Notwithstanding any other provision of law, the Maritime Boundary 
Agreement Between the United States of America and the Republic of Cuba 
signed at Washington D.C., December 16, 1977, shall have no force and 
effect after the date of the enactment of this Act.

SEC. 2. EXCLUSION OF CERTAIN ALIENS.

    (a) In General.--The Cuban Liberty and Democratic Solidarity 
(LIBERTAD) Act of 1996 (22 U.S.C. 6021 note) is amended by inserting 
after section 401 the following:

``SEC. 402. EXCLUSION FROM THE UNITED STATES OF ALIENS WHO DIRECTLY AND 
              SIGNIFICANTLY CONTRIBUTE TO THE ABILITY OF CUBA TO 
              DEVELOP PETROLEUM RESOURCES OFF OF CUBA'S NORTH COAST.

    ``(a) In General.--The Secretary of State shall deny a visa to, and 
the Attorney General and the Secretary of Homeland Security shall 
exclude from the United States, any alien who the Secretary of State 
determines is a person who--
            ``(1) is an officer or principal of an entity, or a 
        shareholder who owns a controlling interest in an entity, that, 
        after the date of the enactment of this section, makes an 
        investment of $1,000,000 or more (or any combination of 
        investments that in the aggregate equals or exceeds $1,000,000 
        in any 12-month period), that directly and significantly 
        contributes to the enhancement of Cuba's ability to develop 
        petroleum resources off of Cuba's north coast; or
            ``(2) is a spouse, minor child, or agent of a person 
        described in paragraph (1).
    ``(b) Exemption.--Subsection (a) shall not apply if the Secretary 
of State finds, on a case-by-case basis, that the entry into the United 
States of the person who would otherwise be excluded under this section 
is necessary for medical reasons or for purposes of litigation of an 
action under title III.
    ``(c) Definitions.--In this section:
            ``(1) Develop.--The term `develop', with respect to 
        petroleum resources, means the exploration for, or the 
        extraction, refining, or transportation by pipeline of, 
        petroleum resources.
            ``(2) Investment.--
                    ``(A) In general.--The term `investment' means any 
                of the following activities if such activity is 
                undertaken pursuant to an agreement, or pursuant to the 
                exercise of rights under such an agreement, that is 
                entered into with the Government of Cuba or a 
                nongovenmental entity in Cuba, on or after the date of 
                the enactment of this section:
                            ``(i) The entry into a contract that 
                        includes responsibility for the development of 
                        petroleum resources located in Cuba, or the 
                        entry into a contract providing for the general 
                        supervision and guarantee of another person's 
                        performance of such a contract.
                            ``(ii) The purchase of a share of 
                        ownership, including an equity interest, in 
                        that development.
                            ``(iii) The entry into a contract providing 
                        for the participation in royalties, earnings, 
                        or profits in that development, without regard 
                        to the form of the participation.
                    ``(B) Exception.--The term `investment' does not 
                include the entry into, performance, or financing of a 
                contract to sell or purchase goods, services, or 
                technology.
            ``(3) Petroleum resources.--The term `petroleum resources' 
        includes petroleum and natural gas resources.''.
    (b) Effective Date.--The amendment made by this section applies to 
aliens seeking to enter the United States on or after the date of the 
enactment of this Act.
                                 <all>