109th CONGRESS 2d Session S. 2682 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.

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.

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:

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.