H.R.4168 - Cuban Democracy Act of 1992102nd Congress (1991-1992)
|Sponsor:||Rep. Torricelli, Robert G. [D-NJ-9] (Introduced 02/05/1992)|
|Committees:||House - Banking, Finance, and Urban Affairs; Foreign Affairs; Energy and Commerce; Merchant Marine and Fisheries; Post Office and Civil Service; Ways and Means|
|Latest Action:||10/23/1992 See H.R.5006. (All Actions)|
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Text: H.R.4168 — 102nd Congress (1991-1992)All Information (Except Text)
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Introduced in House
HR 4168 SC 102d CONGRESS 2d Session H. R. 4168 To promote a peaceful transition to democracy in Cuba through the application of appropriate pressures on the Cuban Government and support for the Cuban people. IN THE HOUSE OF REPRESENTATIVES February 5, 1992 Mr. TORRICELLI (for himself, Mr. FASCELL, Mr. GUARINI, Mr. LAGOMARSINO, Ms. ROS-LEHTINEN, Mr. MCCURDY, Mr. SMITH of Florida, Mr. SOLARZ, Mr. RICHARDSON, Mr. ENGEL, Mr. BURTON of Indiana, and Mr. GOSS) introduced the following bill; which was referred jointly to the Committees on Foreign Affairs, Ways and Means, Post Office and Civil Service, Energy and Commerce, Banking, Finance and Urban Affairs, and Merchant Marine and Fisheries April 30, 1992 Additional sponsors: Mr. SHAW, Mr. BACCHUS, Mr. LANTOS, Mr. ROHRABACHER, and Mr. Shays A BILL To promote a peaceful transition to democracy in Cuba through the application of appropriate pressures on the Cuban Government and support for the Cuban people. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Cuban Democracy Act of 1992'. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The government of Fidel Castro has demonstrated consistent disregard for internationally accepted standards of human rights and for democratic values. It restricts the Cuban people's exercise of freedom of speech, press, assembly, and other rights recognized by the Universal Declaration of Human Rights adopted by the General Assembly of the United Nations on December 10, 1948. It has refused to admit into Cuba the United Nations human rights representative appointed to investigate human rights violations on the island. (2) The Cuban people have demonstrated their yearning for freedom and their increasing opposition to the Castro government by risking their lives in organizing dissident activities on the island and by undertaking hazardous flights for freedom to the United States and other countries. (3) The Castro government maintains a military-dominated economy that has decreased the well-being of the Cuban people in order to enable the government to engage in military interventions and subversive activities throughout the world and, especially, in the Western Hemisphere. These have included involvement in narcotics trafficking and support for the FMLN guerrillas in El Salvador. (4) There is no sign that the Castro regime is prepared to make any significant concessions to democracy or to undertake any form of democratic opening. Efforts to suppress dissent through intimidation, imprisonment, and exile have accelerated since the political changes that have occurred in the former Soviet Union and Eastern Europe. (5) Events in the former Soviet Union and Eastern Europe have dramatically reduced Cuba's external support and threaten Cuba's food and oil supplies. (6) The fall of communism in the former Soviet Union and Eastern Europe, the now universal recognition in Latin America and the Caribbean that Cuba provides a failed model of government and development, and the evident inability of Cuba's economy to survive current trends, provide the United States and the democratic community with an unprecedented opportunity to promote a peaceful transition to democracy in Cuba. (7) However, Castro's intransigence increases the likelihood that there could be a collapse of the Cuban economy, social upheaval, or widespread suffering. The recently concluded Cuban Communist Party Congress has underscored Castro's unwillingness to respond positively to increasing pressures for reform either from within the party or without. (8) The United States cooperated with its European and other allies to assist the difficult transitions from Communist regimes in Eastern Europe. Therefore, it is appropriate for those allies to cooperate with United States policy to promote a peaceful transition in Cuba. SEC. 3. STATEMENT OF POLICY. It should be the policy of the United States-- (1) to seek a peaceful transition to democracy and economic prosperity in Cuba through the careful and sophisticated application of sanctions directed at the Castro government and support for the Cuban people; (2) to seek the cooperation of other democratic countries in this policy; (3) to make clear to other countries that, in determining its relations with them, the United States will take into account their willingness to cooperate in such a policy; (4) to make assistance to the Commonwealth of Independent States or any of its republics conditional on the termination of military and technical assistance, subsidies, and other forms of assistance to Cuba from such Commonwealth or such republic, as the case may be; (5) to continue vigorously to oppose the human rights violations of the Castro regime; (6) to maintain sanctions on the Castro regime so long as it continues to refuse to move toward democratization and greater respect for human rights; (7) to be prepared to reduce the sanctions in carefully calibrated ways in response to positive developments in Cuba; (8) to encourage free and fair elections to determine Cuba's political future; (9) to prevent Cuba from evading the United States embargo of that country through a North American Free Trade Agreement; (10) to withhold nondiscriminatory (most-favored-nation) treatment from the People's Republic of China until the President has certified that the government of that country has made significant progress in reducing that country's assistance to Cuba, whether such assistance is provided in the form of subsidized trade, management of trade balances, or in any other form; and (11) to initiate immediately the development of a comprehensive United States policy toward Cuba in a post-Castro era. SEC. 4. INTERNATIONAL COOPERATION. (a) MAJOR CUBAN TRADING PARTNERS- The President shall direct the United States Trade Representative to enter into negotiations with the governments of countries that conduct trade with Cuba for the purpose of securing the agreement of such countries to restrict their trade and credit relations with Cuba in a manner consistent with United States policy and the purposes of this Act. (b) SANCTIONS AGAINST COUNTRIES ASSISTING CUBA- (1) SANCTIONS- In the case of any country that provides assistance to Cuba-- (A) the government of such country shall not receive assistance under the Foreign Assistance Act of 1961 or assistance under the Arms Export Control Act; (B) the United States shall not enter into any agreement with such country to establish free trade areas; (C) such country shall not be an eligible country under the Enterprise for the Americas Initiative; and (D) such country shall not be eligible, under any other program, for forgiveness or reduction of debt owed to the United States Government. (2) DEFINITION OF ASSISTANCE- For purposes of paragraph (1), `assistance to Cuba'-- (A) means assistance to or for the benefit of the Government of Cuba that is provided by grant, concessional sale, guaranty, or insurance, or by any other means on terms more favorable than that generally available in the applicable market, whether in the form of a loan, lease, credit, or otherwise, and such term includes subsidies for exports to Cuba and favorable tariff treatment of articles that are the growth, product, or manufacture of Cuba; and (B) does not include-- (i) donations of food to Cuba through international organizations, or (ii) exports to Cuba of medicines that would be permitted under section 5(c) of this Act. (3) APPLICABILITY OF SECTION- This section, and any sanctions imposed pursuant to this section, shall cease to apply at such time as the President makes and reports to the Congress a determination under section 8. SEC. 5. SUPPORT FOR THE CUBAN PEOPLE. (a) PROVISIONS OF LAW AFFECTED- The provisions of this section apply notwithstanding any other provision of law, including section 620(a) of the Foreign Assistance Act of 1961, and notwithstanding the exercise of authorities, before the enactment of this Act, under section 5(b) of the Trading With the Enemy Act, the International Emergency Economic Powers Act, or the Export Administration Act of 1979. (b) DONATIONS OF FOOD- Nothing in this or any other Act shall prohibit donations of food to Cuba through international organizations. (c) EXPORT OF MEDICINES- The export to Cuba of medicines for humanitarian purposes and only for the use and benefit of the Cuban people shall not be restricted except to the extent authorized by section 5(m) of the Export Administration Act of 1979. (d) TELECOMMUNICATIONS SERVICES AND FACILITIES- (1) TELECOMMUNICATIONS SERVICES- Telecommunications services between the United States and Cuba shall be permitted. (2) TELECOMMUNICATIONS FACILITIES- Telecommunications facilities, including cable and satellite facilities, are authorized in such quantity and of such quality as may be necessary to provide the services permitted under paragraph (1). (3) LICENSING OF PAYMENTS TO CUBA- (A) The President shall provide for the issuance of licenses for the full or partial payment to Cuba of amounts due Cuba as a result of the provision of telecommunications services authorized by this subsection, taking into account the United States public interest and the purposes of this Act. (B) If only partial payments are made to Cuba under subparagraph (A), the amounts withheld from Cuba shall be deposited in an account in a banking institution in the United States. Such account shall be blocked in the same manner as any other account containing funds in which Cuba has any interest, pursuant to regulations issued under section 5(b) of the Trading With the Enemy Act. (4) AUTHORITY OF FEDERAL COMMUNICATIONS COMMISSION- Nothing in this subsection shall be construed to supersede the authority of the Federal Communications Commission to issue such licenses and authorizations for the provision of services or acquisition of facilities as may be required under the Communications Act of 1934. (e) DIRECT MAIL DELIVERY TO CUBA- The United States Postal Service shall take such actions as are necessary to provide direct mail service to and from Cuba, including, in the absence of common carrier service between the 2 countries, the use of charter service providers. (f) ASSISTANCE TO SUPPORT DEMOCRACY IN CUBA- The President may provide assistance, through appropriate nongovernmental organizations, for the support of individuals and organizations to promote nonviolent democratic change in Cuba. SEC. 6. SANCTIONS. (a) PROHIBITION ON CERTAIN TRANSACTIONS BETWEEN CERTAIN UNITED STATES FIRMS AND CUBA- (1) PROHIBITION- Notwithstanding any other provision of law, no license may be issued for any transaction described in section 515.559 of title 31, Code of Federal Regulations, as in effect on July 1, 1989. (2) APPLICABILITY TO EXISTING CONTRACTS- Paragraph (1) shall not affect any contract entered into before the date of the enactment of this Act. (b) PROHIBITION RELATING TO TAX DEDUCTIONS- (1) PROHIBITION- A domestic concern may not receive a tax deduction for that portion of the otherwise deductible expenses of such domestic concern, or of a foreign subsidiary or affiliate of such domestic concern, which is allocated or apportioned to income derived from Cuba. For purposes of this subsection, income paid through one or more entities shall be treated as derived from Cuba if such income was, without regard to such entities, derived from Cuba. (2) DEFINITION- For purposes of this subsection, a `foreign subsidiary or affiliate' of a domestic concern is a partnership, corporation, or other enterprise organized under the laws of a foreign country which is controlled in fact by such domestic concern (as determined under regulations of the President). (c) PROHIBITION ON VESSELS THAT ENTER CUBAN PORTS TO ENGAGE IN TRADE- (1) IN GENERAL- Beginning on the 61st day after the date of the enactment of this Act, a vessel which enters a port or place in Cuba to engage in the trade of goods or services may not, within 180 days after departure from such port or place in Cuba, load or unload any freight at any place in the United States. (2) DEFINITIONS- As used in this subsection-- (A) the term `vessel' includes every description of water craft or other contrivance used, or capable of being used, as a means of transportation in water, but does not include aircraft; and (B) the term `United States' includes the territories and possessions of the United States and the customs waters of the United States (as defined in section 401 of the Tariff Act of 1930 (19 U.S.C. 1401)). (d) RESTRICTIONS ON REMITTANCES TO CUBA- The President shall establish strict limits on remittances to Cuba by United States persons for the purpose of financing the travel of Cubans to the United States, in order to ensure that such remittances reflect only the reasonable costs associated with such travel, and are not used by the Castro regime as a means of gaining access to United States currency. (e) CLARIFICATION OF APPLICABILITY OF SANCTIONS- The prohibitions contained in subsections (a), (b), and (c) shall not apply with respect to any activity otherwise permitted by section 5 or section 7. SEC. 7. POLICY TOWARD A TRANSITIONAL CUBAN GOVERNMENT. Food, medicine, and medical supplies for humanitarian purposes may be made available for Cuba under the Foreign Assistance Act of 1961 and the Agricultural Trade Development and Assistance Act of 1954 if the President determines and certifies to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that the government in power in Cuba-- (1) has made a public commitment to hold free and fair elections for a new government within 6 months and is proceeding to implement that decision; (2) has made a public commitment to respect, and is respecting, internationally recognized human rights and basic democratic freedoms; and (3) is not providing weapons or funds to any group, in any other country, that seeks the violent overthrow of the government of that country. SEC. 8. POLICY TOWARD A DEMOCRATIC CUBAN GOVERNMENT. (a) WAIVER OF RESTRICTIONS- The President may waive the requirements of section 6 if the President determines and reports to the Congress that Cuba has established democratic institutions through free, fair, and open elections, under international supervision, that represent the will of the majority of the Cuban people. (b) POLICIES- If the President makes a determination under subsection (a), it shall be the policy of the United States to take the following actions with respect to a Cuban Government elected pursuant to elections described in subsection (a): (1) To grant full diplomatic recognition to such government, and to encourage the admission of such government to international organizations and international financial institutions. (2) To provide emergency relief during Cuba's transition to a viable economic system. (3) To encourage rescheduling or cancellation of Cuba's external debt. (4) To end the United States trade embargo of Cuba. (5) To enter into negotiations for a framework agreement providing for trade with Cuba. SEC. 9. EXISTING CLAIMS NOT AFFECTED. Except as provided in section 5(a), nothing in this Act affects the provisions of section 620(a)(2) of the Foreign Assistance Act of 1961. SEC. 10. ENFORCEMENT. (a) ENFORCEMENT AUTHORITY- The authority to enforce this Act shall be carried out by the Secretary of the Treasury. The Secretary of the Treasury shall exercise the authorities of the Trading With the Enemy Act in enforcing this Act. In carrying out this subsection, the Secretary of the Treasury shall take the necessary steps to ensure that activities permitted under this Act are carried out for the purposes set forth in this Act and not for purposes of the accumulation by the Cuban Government of excessive amounts of United States currency or the accumulation of excessive profits by any person or entity. (b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary of the Treasury such sums as may be necessary to carry out this Act. (c) PENALTIES UNDER THE TRADING WITH THE ENEMY ACT- Section 16 of the Trading With the Enemy Act (50 U.S.C. App. 16) is amended-- (1) by inserting `(a)' before `Whoever'; and (2) by adding at the end the following: `(b) The Secretary of the Treasury may impose a civil penalty of not more than $100,000 on any person who violates any license, order, rule, or regulation issued under this Act.'. (d) APPLICABILITY OF PENALTIES- The penalties set forth in section 16 of the Trading With the Enemy Act shall apply to violations of this Act to the same extent as such penalties apply to violations under that Act. (e) OFFICE OF FOREIGN ASSETS CONTROL- The Department of the Treasury shall establish and maintain a branch of the Office of Foreign Assets Control in Miami, Florida, in order to strengthen the enforcement of this Act. SEC. 11. DEFINITION. As used in this Act, the term `United States person' means any United States citizen or alien admitted for permanent residence in the United States, and any corporation, partnership, or other organization organized under the laws of the United States. SEC. 12. EFFECTIVE DATE. This Act shall take effect on the date of the enactment of this Act.