[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 538 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 538
To prohibit the removal of Cuba from the list of state sponsors of
terrorism until Cuba satisfies certain conditions, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 27, 2023
Mr. Rubio (for himself, Mr. Cruz, and Mr. Scott of Florida) introduced
the following bill; which was read twice and referred to the Committee
on Foreign Relations
_______________________________________________________________________
A BILL
To prohibit the removal of Cuba from the list of state sponsors of
terrorism until Cuba satisfies certain conditions, 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 TITLES.
This Act may be cited as the ``Fighting Oppression until the Reign
of Castro Ends Act'' or the ``FORCE Act''.
SEC. 2. STATEMENT OF POLICY.
It shall be the policy of the United States--
(1) to support the Cuban people's desire to hold free and
fair elections, which are supervised by respected international
observers that respect the people of Cuba's desire for freedom
and democracy;
(2) to encourage the international community to raise their
voices in support of the Cuban people's desire to live freely;
and
(3) to demand the release of all political prisoners in
Cuba.
SEC. 3. PROHIBITION ON REMOVAL.
(a) In General.--Notwithstanding any other provision of law,
neither the President nor the Secretary of State may remove Cuba from
the list of state sponsors of terrorism until the President makes the
determination described in section 205 of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6065).
(b) Defined Term.--In this section, the term ``state sponsor of
terrorism'' means a country the government of which the Secretary of
State determines has repeatedly provided support for international
terrorism pursuant to--
(1) section 1754(c)(1)(A) of the Export Control Reform Act
of 2018 (50 U.S.C. 4318(c)(1)(A));
(2) section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371);
(3) section 40 of the Arms Export Control Act (22 U.S.C.
2780); or
(4) any other provision of law.
SEC. 4. REPORT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit a report to the
Committee on Foreign Relations of the Senate, the Select Committee on
Intelligence of the Senate, the Committee on Foreign Affairs of the
House of Representatives, and the Permanent Select Committee on
Intelligence of the House of Representatives that identifies all
terrorists and fugitives who--
(1)(A) have been convicted for a terrorism-related offense
in a United States court;
(B) fled the United States after being indicted for a
terrorism-related offense, but before standing trial; or
(C) are members of a foreign terrorist organization; and
(2) are being provided safe haven in Cuba.
(b) Form.--Each report submitted under this section shall be
submitted in unclassified form, but may include a classified annex.
SEC. 5. PROHIBITION OF FINANCIAL TRANSACTIONS BENEFITTING THE CUBAN
REGIME.
(a) In General.--No person subject to the jurisdiction of the
United States may engage in a direct financial transaction, including
electronic remittances, with any entity or subentity that the Secretary
of State, in consultation with the Secretary of the Treasury,
determines to be under the control of, or acting for or on behalf of,
the Cuban military, intelligence, or security services or personnel
with which direct financial transactions would disproportionately
benefit such services or personnel at the expense of the Cuban people
or private enterprise in Cuba.
(b) Sense of Congress Regarding Sanctions.--It is the sense of
Congress that the Secretary of the Treasury should expand and tighten
sanctions programs to ensure beneficial ownership disclosure and
material support clauses to penalize tax havens for entities used by
sanctioned countries, as was recently disclosed in the OpenLux
investigation of the Cuban military's use of destinations such as
Liechtenstein, Luxembourg, and Hong Kong.
SEC. 6. IMPLEMENTATION.
(a) Update and Publication of Entity List.--Not later than 90 days
after the date of the enactment of this Act, and annually thereafter,
the Secretary of State shall--
(1) in furtherance of the regulatory changes described in
this section, identify the entities or subentities, as
appropriate, that are under the control of, or act for or on
behalf of, the Cuban military, intelligence, or security
services or personnel, including GAESA, its affiliates,
subsidiaries, and successors;
(2) update a list of the entities and subentities
identified pursuant to paragraph (1) with which direct
financial transactions would disproportionately benefit such
services or personnel at the expense of the Cuban people or
private enterprise in Cuba; and
(3) make the list updated pursuant to paragraph (2)
available to the public.
(b) Limitation.--
(1) Prohibited transactions.--Except as provided in
subsection (a) and section 8, the regulatory changes described
in this section shall prohibit direct financial transactions
with any entity or subentity on the list updated pursuant to
subsection (a)(2).
(2) Allowed transactions.--The regulatory changes described
in this section may not prohibit any transaction that the
Secretary of the Treasury or the Secretary of Commerce, in
coordination with the Secretary of State, determines is
consistent with the policy of the United States, including
transactions concerning--
(A) Federal Government operations, including
operations at the Naval Station at Guantanamo Bay and
at the United States mission in Havana;
(B) programs seeking to build democracy in Cuba;
(C) air and sea operations that support permissible
travel, cargo, or trade;
(D) the acquisition of visas for permissible
travel;
(E) the expansion of direct telecommunications and
internet access for the Cuban people;
(F) the sale of agricultural commodities,
medicines, and medical devices sold to Cuba in
accordance with the Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7201 et seq.) and
the Cuban Democracy Act of 2002 (22 U.S.C. 6001 et
seq.);
(G) sending, processing, or receiving authorized
remittances that do not wholly, or in any part, benefit
any entity or subentity on the list updated pursuant to
subsection (a)(2);
(H) furthering the national security or foreign
policy interests of the United States; or
(I) any other activity that is required by law.
(c) Protection of National Interests.--Any activity conducted
pursuant to subsection (a) or (b) shall be carried out in a manner that
furthers the national interests of the United States, including by
appropriately protecting sensitive sources, methods, and operations of
the Federal Government.
SEC. 7. REPORTING REQUIREMENTS.
(a) Defined Term.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Select Committee on Intelligence of the Senate;
(3) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives;
(5) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(6) the Committee on Homeland Security of the House of
Representatives.
(b) Report on the Involvement of Fidel Castro, Raul Castro, and
Miguel Diaz-Canel in Public Corruption and Other Illicit Activities.--
Not later than 60 days after the date of the enactment of this Act, the
Secretary of State, acting through the Bureau of Intelligence and
Research of the Department of State, and in coordination with the
Director of National Intelligence, shall submit a report to the
appropriate congressional committees that describes--
(1) significant acts of public corruption in Cuba that--
(A) involve--
(i) members of El Partido Comunista de
Cuba; or
(ii) senior officials of the Cuban regime,
including members of La Asamblea Nacional del
Poder Popular, GAESA, and the Ministerio del
Interior;
(B) pose challenges for United States national
security and regional stability;
(C) impede the realization of freedom of
expression; or
(D) infringe upon the fundamental freedoms of civil
society and political opponents in Cuba; and
(2) activities of the Maduro regime in Venezuela taking
place in Cuba, including--
(A) cooperation between Venezuela and Cuba's
military personnel, intelligence services, and security
forces;
(B) cooperation related to telecommunications and
satellite navigation;
(C) other political and economic cooperation with
the Government of Cuba; and
(D) the threats and risks that such activities pose
to United States national interests and national
security.
(c) Notification of Any Engagement of the United States With
Cuba.--The Secretary of State, in coordination with the Secretary of
the Treasury, the Secretary of Defense, the Attorney General, the
Secretary of Commerce, and the Secretary of Homeland Security, shall
notify the appropriate congressional committees of any engagement of
the United States with Cuba not later than 14 days after such
engagement to ensure that such engagement is advancing the interests of
the United States.
SEC. 8. TERMINATION.
The limitation set forth in section 6(b)(1) shall terminate on the
date that is 90 days after the date on which the President certifies to
Congress that the Government of Cuba--
(1) has taken the necessary steps to begin an electoral
process that is transparent, free, and fair in accordance with
sections 205 and 206 of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 (Public Law 104-114); and
(2) has met the requirements for the termination of the
economic embargo set forth in section 204 of such Act.
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