[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2795 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2795

  To exclude from admission to the United States aliens who have made 
 investments 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

                              May 11, 2006

 Mr. Martinez introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
  To exclude from admission to the United States aliens who have made 
 investments 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. STATEMENT OF POLICY.

    It shall be the policy of the United States to--
            (1) undertake the necessary measures to deny the Cuban 
        regime the financial resources to engage in activities that 
        threaten--
                    (A) United States national security, its interests 
                and its allies;
                    (B) the environment and natural resources of the 
                submerged lands of Cuba's northern coast and Florida's 
                unique maritime environment; and
                    (C) that prolong the dictatorship that oppresses 
                the Cuban people; and
            (2) deter foreign investments that would enhance the 
        ability of the Cuban regime to develop its petroleum resources.

SEC. 2. EXCLUSION OF CERTAIN ALIENS.

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

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

    ``(a) In General.--The Secretary of State shall deny a visa to, 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, 
        on or after May 2, 2006, makes an investment that equals or 
        exceeds $1,000,000 (or any combination of investments that in 
        the aggregate equals or exceeds $1,000,000 in any 12-month 
        period), that contributes to the enhancement of Cuba's ability 
        to develop petroleum resources of the submerged lands of Cuba's 
        northern coast; or
            ``(2) is a spouse, minor child, or agent of a person 
        described in paragraph (1).
    ``(b) Waiver.--The Secretary of State may waive the application of 
subsection (a) if the Secretary certifies and reports to the 
appropriate congressional committees, on a case-by-case basis, that the 
admission to the United States of a person described in subsection 
(a)--
            ``(1) is necessary for critical medical reasons or for 
        purposes of litigation of an action under title III; or
            ``(2) is appropriate if the requirements of sections 203, 
        204, and 205 have been satisfied.
    ``(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 or other 
        means of, petroleum resources.
            ``(2) Investment.--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 any agency or instrumentality thereof) or a nongovernmental 
        entity in Cuba, on or after May 2, 2006:
                    ``(A) The entry into a contract that includes 
                responsibility for the development of petroleum 
                resources of the submerged lands of Cuba's northern 
                coast, or the entry into a contract providing for the 
                general supervision and guarantee of another person's 
                performance of such a contract.
                    ``(B) The purchase of a share of ownership, 
                including an equity interest, in that development.
                    ``(C) 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.
                    ``(D) The entry into, performance, or financing of 
                a contract to sell or purchase goods, services, or 
                technology related to that development.
            ``(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 admission to the United States on or after the date of 
the enactment of this Act.

SEC. 3. IMPOSITION OF SANCTIONS.

    (a) In General.--The President shall impose two or more of the 
sanctions described in subsection (b) if the President determines that 
a person has, on or after May 2, 2006, made an investment that equals 
or exceeds $1,000,000 (or any combination of investments that in the 
aggregate equals or exceeds $1,000,000 in any 12-month period) that 
contributes to the enhancement of Cuba's ability to develop petroleum 
resources of the submerged lands of Cuba's northern coast.
    (b) Sanctions Described.--The sanctions to be imposed on a 
sanctioned person under this section are as follows:
            (1) Export-import bank assistance for exports to sanctioned 
        persons.--The President may direct the Export-Import Bank of 
        the United States not to give approval to the issuance of any 
        guarantee, insurance, extension of credit, or participation in 
        the extension of credit in connection with the export of any 
        goods or services to any sanctioned person.
            (2) Export sanction.--The President may order the United 
        States Government not to issue any specific license and not to 
        grant any other specific permission or authority to export any 
        goods or technology to a sanctioned person under--
                    (A) the Export Administration Act of 1979 (50 
                U.S.C. App. 2401 et seq.);
                    (B) the Arms Export Control Act (22 U.S.C. 2751 et 
                seq.);
                    (C) the Atomic Energy Act of 1954 (42 U.S.C. 2011 
                et seq.); or
                    (D) any other statute that requires the prior 
                review and approval of the United States Government as 
                a condition for the export or reexport of goods or 
                services.
            (3) Loans from united states financial institutions.--The 
        United States Government may prohibit any United States 
        financial institution from making loans or providing credits to 
        any sanctioned person totaling more than $10,000,000 in any 12-
        month period unless such person is engaged in activities to 
        relieve human suffering and the loans or credits are provided 
        for such activities.
            (4) Prohibitions on financial institutions.--
                    (A) In general.--The following prohibitions may be 
                imposed against a sanctioned person that is a financial 
                institution:
                            (i) Prohibition on designation as primary 
                        dealer.--Neither the Board of Governors of the 
                        Federal Reserve System nor the Federal Reserve 
                        Bank of New York may designate, or permit the 
                        continuation of any prior designation of, such 
                        financial institution as a primary dealer in 
                        United States Government debt instruments.
                            (ii) Prohibition on service as a repository 
                        of government funds.--Such financial 
                        institution may not serve as agent of the 
                        United States Government or serve as repository 
                        for United States Government funds.
                    (B) Treatment of sanctions.--The imposition of 
                either sanction under clause (i) or (ii) of 
                subparagraph (A) shall be treated as one sanction for 
                purposes of this section, and the imposition of both 
                such sanctions shall be treated as two sanctions for 
                purposes of this section.
            (5) Procurement sanction.--The United States Government may 
        not procure, or enter into any contract for the procurement of, 
        any goods or services from a sanctioned person.
    (c) Person Defined.--In this section, the term ``person'' includes 
a foreign subsidiary of a person referred to in subsection (a).
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