[Congressional Record Volume 141, Number 159 (Friday, October 13, 1995)]
[Senate]
[Pages S15166-S15167]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______


   THE CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY [LIBERTAD] ACT OF 1995

                                 ______


                     DOLE AMENDMENTS NOS. 2920-2921

  Mr. DOLE submitted two amendments intended to be proposed by him to 
the amendment No. 2898 proposed by him to the bill (H.R. 927) seeking 
international sanctions against the Castro government in Cuba, to plan 
for support of a transition government leading to a democratically 
elected government in Cuba, and for other purposes; as follows:

                           Amendment No. 2920

       At the end of Title I concerning international sanctions 
     against the Castro government, insert the following new 
     section:
       Sec.   . It is the Sense of the Congress that the President 
     should exercise his authority under United States law to deny 
     entry to Fidel Castro and other senior officials of the Cuban 
     government into the territory of the United States because of 
     Cuban government actions in support of acts of international 
     terrorism, as determined by the Secretary of State pursuant 
     to section 620A of the Foreign Assistance Act of 1961.
                                                                    ____


                           Amendment No. 2921

       At the end of Title I, insert the following new section:

     SEC.   . EXCLUSION OF REPRESENTATIVES OF CERTAIN FOREIGN 
                   GOVERNMENTS FROM THE UNITED STATES.

       The United Nations Headquarters Agreement Act (Public Law 
     80-357) is amended--
       (1) in section 6, after ``and its immediate vicinity'', by 
     inserting ``except as provided in section 7 of this Act''; 
     and
       (2) by adding at the end the following new section:
       ``Sec. 7. Notwithstanding Article IV of the Agreement 
     Between the United Nations and the United States of America 
     Regarding the Headquarters of the United Nations, the 
     President is authorized, at his discretion, to deny entry 
     into the United States to--
       (1) ``representatives of Members whose government has 
     repeatedly provided support for acts of international 
     terrorism as determined by the Secretary of State in 
     accordance with section 620A of the Foreign Assistance Act of 
     1961, such as Cuba under Fidel Castro's rule; and
       (2) ``representatives of Members which the President knows 
     or has reason to believe based on information available to 
     him has engaged in a terrorist activity, is likely to engage 
     after entry in any terrorist activity, or is a member of any 
     group which has engaged in terrorist activity.
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[[Page S 15167]]


                    HELMS AMENDMENTS NOS. 2922-2927

  (Ordered to lie on the table.)
  Mr. HELMS submitted six amendments intended to be proposed by him to 
amendment No. 2898 proposed by Mr. Dole to the bill H.R. 927, supra; as 
follows:

                           Amendment No. 2922

       After section 302(a)(5)(B), add the following new 
     paragraph:
       (C) Notwithstanding the provision of (a) hereof, a United 
     States national other than U.S. nationals on whose behalf the 
     United States has already provided and is deemed hereby to 
     have already provided adequate notice through the Foreign 
     Claims Settlement Commission process or otherwise of the 
     ownership by a U.S. national of property that may become 
     subject to a cause of action hereunder, shall be required to 
     provide following the effectiveness hereof, notice pursuant 
     to the rules for litigants in the United States district 
     court in which such action ultimately is brought two years 
     prior to initiating that action, hereunder, notice on the 
     intended defendant of its ownership claim and a demand that 
     the unlawful trafficking therein cease forthwith. Such 
     damages claimed in any suite filed against the aforesaid 
     intended defendant may only be for trafficking occurring 
     following said period of adequate notice.
                                                                    ____


                           Amendment No. 2923

       At the end of the substitute, insert the following new 
     title:

                 TITLE IV--EXCLUSION OF CERTAIN ALIENS

     SEC. 401. EXCLUSION FROM THE UNITED STATES OF ALIENS WHO HAVE 
                   CONFISCATED PROPERTY OF UNITED STATES 
                   NATIONALS.

       (a) Grounds for Exclusion.--The Secretary of State, in 
     consultation with the Attorney General, shall exclude from 
     the United States any alien who the Secretary of State 
     determines is a person who has confiscated, or has directed 
     or overseen the confiscation of, property the claim to which 
     is owned by a national of the United States, or converts or 
     has converted for personal gain confiscated property the 
     claim to which is owned by a national of the United States.
       (b) This subsection shall be construed and applied 
     consistent with the North American Free Trade Agreement, the 
     General Agreement on Tariffs and Trade, and other applicable 
     international agreements.
       (c) Exceptions.--This subparagraph shall not apply--
       (1) to claims arising from territory in dispute as a result 
     of war between United Nations member states in which the 
     ultimate resolution of the disputed territory has not been 
     resolved; or
       (2) where the Secretary of State deems that making such a 
     determination would be contrary to the national interest of 
     the United States.
       (d) Report Requirement.--(1) The U.S. Embassy in each 
     country shall provide the Secretary of State with a list of 
     foreign nationals in that country who have confiscated 
     properties of American citizens and have not fully resolved 
     the cases with the American citizens.
       (2) The Secretary of State shall submit this list to the 
     appropriate congressional committees no later than six months 
     after the date of the enactment of this Act.
       (3) The Secretary of State, shall submit to the appropriate 
     congressional committees a list of foreign nationals denied 
     visas, and the Attorney General shall submit to the 
     appropriate congressional committees a list of foreign 
     nationals refused entry to the United States as a result of 
     this provision.
       (4) The Secretary shall submit a report under this 
     subsection not later than one year after the date of the 
     enactment of this Act; and not later than February 1 of each 
     year thereafter.
                                                                    ____


                           Amendment No. 2924

       On page 18 of the pending amendment beginning with line 34 
     strike all through line 27 on page 20 and insert in lieu 
     thereof the following:
       (b) In General.--It is the sense of the Congress that--
       (1) no sugar or sugar product should enter the United 
     States unless the exporter of the sugar or sugar product to 
     the United States has certified, to the satisfaction of the 
     Secretary of the Treasury, that the sugar or sugar product is 
     not a product of Cuba;
       (2) the Secretary of the Treasury should establish and 
     enforce a certification requirement sufficient to satisfy the 
     Secretary that the exporter has taken steps to ensure that it 
     is not exporting to the United States, sugar or sugar 
     products that are a product of Cuba;
       (3) the Customs Service should fully exercise the 
     authorities it has under sections 581 through 641 of the 
     Tariff Act of 1930 (19 U.S.C. 1581 through 1641) against 
     those found in violation thereof,
       (4) the Secretary of the Treasury should report to the 
     Congress on any unlawful acts and penalties imposed for 
     violations of the prohibition of subsection (d); and
       (5) the Secretary of the Treasury should publish in the 
     Federal Register a list containing, to the extent such 
     information is available, the name of any person or entity 
     located outside the customs territory of the United States 
     whose acts result in a violation of the prohibition on 
     exporting any sugar of Cuban origin into the Customs 
     territory of the United States.
       (c) Definitions.--For purposes of this section:
       (1) Enter, entry.--The terms ``enter'' and ``entry''--mean 
     entered, or withdrawn from warehouse for consumption, in the 
     customs territory of the United States.
       (2) Product of cuba.--The term ``product of Cuba'' means a 
     product that--
       (A) is of Cuban origin,
       (B) is or has been located in or transported from or 
     through Cuba, or
       (C) is made or derived in whole or in part from any article 
     which is the growth, produce, or manufacture of Cuba.
       (3) Sugar, sugar product.--The terms ``sugar'' and ``sugar 
     product'' means sugars, syrups, molasses, or products with 
     sugar content described in additional U.S. note 5 to Chapter 
     17 of the Harmonized Tariff Schedule of the United States.
                                                                    ____


                           Amendment No. 2925

       On page 18 of the pending amendment beginning with line 2 
     strike all through line 27 on page 20.
                                                                    ____


                           Amendment No. 2926

       After section 303 (c)(2) insert the following new 
     paragraph.
       (3) Nothing in this Act shall be deemed to establish either 
     a precedent for a cause of action pursuant to this Act as it 
     relates to other circumstances. Nor will anything in this Act 
     give rise to a right or cause of action for any other 
     confiscated property in Cuba or anywhere else in the world.
                                                                    ____


                           Amendment No. 2927

       On page 36 of the pending amendment on lines 42 and 43 
     strike the words ``exclusive of costs'' and insert in lieu 
     thereof ``exclusive of interest and costs.''

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