[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2937 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 2937
To strengthen support for the Cuban people and prohibit financial
transactions with the Cuban military, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 25, 2015
Mr. Nunes (for himself, Mr. Thornberry, Mr. Frelinghuysen, Mr. Diaz-
Balart, Ms. Ros-Lehtinen, Mr. Curbelo of Florida, Mr. Allen, Mr.
Boustany, Mr. Cole, Mr. Crenshaw, Mr. DeSantis, Mr. Hardy, Mr. Holding,
Mr. Young of Iowa, Ms. Jenkins of Kansas, Mr. King of New York, Mr.
Lamborn, Mr. Marino, Mrs. Miller of Michigan, Mr. Miller of Florida,
Mr. Mooney of West Virginia, Mr. Murphy of Pennsylvania, Mr. Pompeo,
Mr. Tom Price of Georgia, Mr. Rigell, Mr. Salmon, Mr. Sires, Mr.
Stewart, Mr. Tiberi, Mr. Upton, Mr. Valadao, Mrs. Mimi Walters of
California, and Mr. Wilson of South Carolina) introduced the following
bill; which was referred to the Committee on Foreign Affairs, and in
addition to the Committee on Financial Services, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To strengthen support for the Cuban people and prohibit financial
transactions with the Cuban military, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Cuban Military
Transparency Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Statement of policy.
Sec. 4. Prohibitions on financial transactions with the Ministry of the
Revolutionary Armed Forces or the Ministry
of the Interior of Cuba.
Sec. 5. Inclusion in Department of State rewards program of rewards for
information leading to the arrest or
conviction of individuals responsible for
the February 24, 1996, attack on United
States aircraft.
Sec. 6. Coordination with INTERPOL.
Sec. 7. Report on the role of the Ministry of the Revolutionary Armed
Forces and the Ministry of the Interior of
Cuba in the economy and foreign
relationships of Cuba.
Sec. 8. Report on use and ownership of confiscated property.
Sec. 9. Termination.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In his December 17, 2014, announcement to pursue the
normalization of relations with Cuba, President Barack Obama
stated, ``I believe that more resources should be able to reach
the Cuban people. So we're significantly increasing the amount
of money that can be sent to Cuba, and removing limits on
remittances that support humanitarian projects, the Cuban
people, and the emerging Cuban private sector.''.
(2) In his January 14, 2011, comments on the easing of
travel sanctions, President Barack Obama also stated, ``These
measures will increase people-to-people contact; support civil
society in Cuba; enhance the free flow of information to, from,
and among the Cuban people; and help promote their independence
from Cuban authorities.''.
(3) Article 18 of the 1976 Constitution of Cuba reads,
``The State directs and controls foreign commerce.''.
(4) The largest company in Cuba is the Grupo Gaesa (Grupo
de Administracion Empresarial S.A.), founded by General Raul
Castro Ruz in the 1990s, controlled and operated by the Cuban
military, which oversees all investments, and run by General
Raul Castro's son-in-law, General Luis Alberto Rodriguez Lopez-
Callejas.
(5) On June 3, 2015, the United States House of
Representatives voted overwhelmingly in support of a provision
prohibiting exports to the Cuban military and security services
in the Fiscal Year 2016 Commerce, Justice, and Science
Appropriations bill (H.R. 2578), with a recorded vote of 153 to
273 in opposition to House Amendment 308 to strike that
provision.
(6) The Cuban military, through its tourism conglomerates,
is currently operating resort facilities in properties
confiscated from United States citizens.
(7) In 2003, a United States grand jury indicted General
Ruben Martinez Puente, head of the Cuban Air Force, and two
Cuban Air Force pilots, Col. Lorenzo Alberto Perez-Perez and
Francisco Perez-Perez, on four counts of murder, two counts of
destruction of aircraft, and one count of conspiracy to kill
United States nationals for their roles in the February 24,
1996, attack by Cuban military jets over international waters
on two United States civilian Cessna planes operated by the
Brothers To The Rescue humanitarian organization.
(8) The 2003 United States indictment against Cuban
military officials is the only outstanding indictment against
senior military officials from a country designated by the
United States as a ``state sponsor of terrorism'' for the
murder of United States nationals.
(9) In a December 17, 2014, article in Politico, United
States Representative James McGovern (D-MA) stated that General
Raul Castro admitted to giving the order to shoot down the
United States civilian planes that resulted in the murder of
those United States nationals in 1996. ``I gave the order. I'm
the one responsible.'', Castro told McGovern.
(10) One of the Cuban spies exchanged in the December 17,
2014, deal by President Obama with the Cuban regime was Gerardo
Hernandez, who was serving a life sentence for murder
conspiracy in the deaths of three United States citizens,
Armando Alejandre, Jr., Carlos Costa, Mario de la Pena, and
permanent resident of the United States, Pablo Morales.
(11) According to a July 16, 2013, article in The New York
Times, the Cuban military played a central role in the 2013
trafficking incident that involved more than 240 metric tons of
heavy weapons, including fully fueled MiG fighter jets,
missiles, and air defense systems, to North Korea.
(12) A United Nations panel of experts found that the
trafficking incident described in paragraph (11) violated
United Nations Security Council sanctions and was the largest
weapons cache ever intercepted being transported to or from
North Korea. The Cuban military refused to cooperate with
United Nations investigators.
(13) According to a March 5, 2015, article in The
Washington Times, in February 2015, the Colombian authorities
intercepted a Chinese-flagged vessel carrying a clandestine
shipment of war materiel destined for the Cuban military, via
one of its shadow companies, TecnoImport S.A. The shipment,
disguised as grain products, included 99 rockets, 3,000 cannon
shells, 100 tons of military-grade dynamite and 2,600,000
detonators.
(14) According to a March 25, 2014, article in The New York
Times and an April 15, 2014, Financial Times article, the Cuban
military has provided military intelligence, weapons training,
strategic planning, and security logistics to the military and
security forces of Venezuela, which has contributed to the
subversion of democratic institutions and violent suppression
of peaceful protests in Venezuela.
(15) The Cuba 2013 Human Rights Report prepared by the
Department of State states that ``the military maintained
effective control over the security forces, which committed
human rights abuses against civil rights activists and other
citizens alike.''.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to support the efforts of the people of Cuba to promote
the establishment of basic freedoms in Cuba, including a
democratic political system in which the military and other
security forces are under the control of democratically elected
civilian leaders;
(2) to ensure that legal travel and trade with Cuba by
citizens and residents of the United States does not serve to
enrich or empower the military or other security forces of Cuba
run by the Castro family;
(3) to support the emergence of a government in Cuba that
does not oppress the people of Cuba and does not use its
military or other security forces to persecute, intimidate,
arrest, imprison, or assassinate dissidents;
(4) to bring to justice in the United States the officials
of Cuba involved in the February 24, 1996, attack of two United
States civilian Cessna aircraft by Cuban military jets over
international waters; and
(5) to counter the efforts of Cuba, through military and
other assistance, to promote repression elsewhere in the
Western Hemisphere, especially in Venezuela.
SEC. 4. PROHIBITIONS ON FINANCIAL TRANSACTIONS WITH THE MINISTRY OF THE
REVOLUTIONARY ARMED FORCES OR THE MINISTRY OF THE
INTERIOR OF CUBA.
(a) In General.--Except as provided in subsection (b), beginning on
the date that is 30 days after the date of the enactment of this Act,
and notwithstanding any other provision of law, a United States person
shall not engage in any financial transaction with, or transfer of
funds to, any of the following:
(1) The Ministry of the Revolutionary Armed Forces of Cuba,
the Ministry of the Interior of Cuba, or any subdivision of
either such Ministry.
(2) Any agency, instrumentality, or other entity that is
operated or controlled by an entity specified in paragraph (1).
(3) Any agency, instrumentality, or other entity owned by
an entity specified in paragraph (1) in a percentage share
exceeding 25 percent.
(4) An individual who is a senior member of the Ministry of
the Revolutionary Armed Forces of Cuba or the Ministry of the
Interior of Cuba.
(5) Any agency, instrumentality, or other entity that is
operated or controlled by an individual specified in paragraph
(4).
(6) Any individual or entity--
(A) for the purpose of avoiding a financial
transaction with, or transfer of funds to, an
individual or entity specified in any of paragraphs (1)
through (5); or
(B) for the benefit of an individual or entity
specified in any of paragraphs (1) through (5).
(b) Exceptions.--The prohibitions on financial transactions and
transfers of funds under subsection (a) shall not apply with respect
to--
(1) the sale of agricultural commodities, medicines, and
medical devices sold to Cuba consistent with the Trade
Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C.
7201 et seq.);
(2) a remittance to an immediate family member;
(3) payments in furtherance of the lease agreement, or
other financial transactions necessary for maintenance and
improvements of the military base at Guantanamo Bay, Cuba,
including any adjacent areas under the control or possession of
the United States;
(4) assistance or support in furtherance of democracy-
building efforts for Cuba described in section 109 of the Cuban
Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22
U.S.C. 6039); or
(5) customary and routine financial transactions necessary
for the maintenance, improvements, or regular duties of the
United States Interests Section in Havana, including outreach
to the pro-democracy opposition.
(c) Implementation; Penalties.--
(1) Implementation.--The President shall exercise all
authorities under sections 203 and 205 of the International
Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to
carry out this section, except that the President--
(A) shall not issue any general license
authorizing, or otherwise authorize, any activity
prohibited under subsection (a); and
(B) shall require any United States person seeking
to engage in a financial transaction or transfer of
funds prohibited under subsection (a) to submit a
written request to the Office of Foreign Assets Control
of the Department of the Treasury.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
subsection (a) or any regulation, license, or order issued to
carry out subsection (a) shall be subject to the penalties set
forth in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705) to
the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
(d) United States Person Defined.--In this section, the term
``United States person'' means--
(1) a United States citizen or alien admitted for permanent
residence to the United States; and
(2) an entity organized under the laws of the United States
or any jurisdiction within the United States.
SEC. 5. INCLUSION IN DEPARTMENT OF STATE REWARDS PROGRAM OF REWARDS FOR
INFORMATION LEADING TO THE ARREST OR CONVICTION OF
INDIVIDUALS RESPONSIBLE FOR THE FEBRUARY 24, 1996, ATTACK
ON UNITED STATES AIRCRAFT.
Section 36(b) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2708(b)) is amended--
(1) in paragraph (9), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (10), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(11) the arrest or conviction in any country of any
individual responsible for committing, conspiring or attempting
to commit, or aiding or abetting in the commission of the
attack on the aircraft of United States persons in
international waters by the military of Cuba on February 24,
1996.''.
SEC. 6. COORDINATION WITH INTERPOL.
The Attorney General, in coordination with the Secretary of State,
shall seek to coordinate with the International Criminal Police
Organization (INTERPOL) to pursue the location and arrest of United
States fugitives in Cuba, including current and former members of the
military of Cuba, such as those individuals who committed, conspired or
attempted to commit, or aided or abetted in the commission of the
attack on the aircraft of United States persons in international waters
by the military of Cuba on February 24, 1996, with a view to
extradition or similar lawful action, including through the circulation
of international wanted notices (commonly referred to as ``Red
Notices'').
SEC. 7. REPORT ON THE ROLE OF THE MINISTRY OF THE REVOLUTIONARY ARMED
FORCES AND THE MINISTRY OF THE INTERIOR OF CUBA IN THE
ECONOMY AND FOREIGN RELATIONSHIPS OF CUBA.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for three years, the
President shall submit to Congress a report on the role of the Ministry
of the Revolutionary Armed Forces and the Ministry of the Interior of
Cuba with respect to the economy of Cuba.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An identification of entities the United States
considers to be owned, operated, or controlled, in whole or in
part, by the Ministry of the Revolutionary Armed Forces or the
Ministry of the Interior of Cuba or any senior member of the
Ministry of the Revolutionary Armed Forces or the Ministry of
the Interior of Cuba.
(2) An assessment of the business dealings with countries
and entities outside of Cuba conducted by entities identified
under paragraph (1) and officers of the Ministry of the
Revolutionary Armed Forces or the Ministry of the Interior of
Cuba.
(3) An assessment of the relationship of the Ministry of
the Revolutionary Armed Forces and the Ministry of the Interior
of Cuba with the militaries of foreign countries, including
whether either such Ministry has conducted joint training,
exercises, financial dealings, or weapons purchases or sales
with such militaries or provided advisors to such militaries.
(c) Form of Report.--Each report submitted under subsection (a)
shall be submitted in unclassified form, but may include a classified
annex.
SEC. 8. REPORT ON USE AND OWNERSHIP OF CONFISCATED PROPERTY.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter for three years, the
President shall submit to Congress a report on the confiscation of
property and the use of confiscated property by the Ministry of the
Revolutionary Armed Forces and the Ministry of the Interior of Cuba.
(b) Definitions.--In this section, the terms ``confiscated'' and
``confiscation'' have the meanings given those terms in section 401 of
the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22
U.S.C. 6091).
SEC. 9. TERMINATION.
The provisions of this Act shall terminate on the date on which the
President submits to Congress a determination under section 203(c)(3)
of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996
(22 U.S.C. 6063(c)(3)) that a democratically elected government in Cuba
is in power.
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