Sec. 3. Sense of Congress
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Congress makes the following findings: On December 17, 2014, President Barack Obama announced his plan to revise United States policy with respect to Cuba by promising engagement and to normalize relations . The President, through the Department of the Treasury and the Department of Commerce, has issued revisions to the Cuban Assets Control Regulations and the Export Administration Regulations relating to easing restrictions on travel to and trade with Cuba. Those revisions have been implemented pursuant to the discretion of the President to modify licensing authorities under the Cuban Assets Control Regulations and the Export Administration Regulations.
The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 prohibits the full removal of the economic embargo of Cuba and establishes requirements for discretionary licensing authority including through the following provisions: Section 205(b)(2)(D) of that Act ( 22 U.S.C. 6065(b)(2)(D) ), which requires the President to take into account the extent to which the Government of Cuba is taking appropriate steps to return to United States citizens (and entities which are 50 percent or more beneficially owned by United States citizens) property taken by the Cuban Government from such citizens and entities on or after January 1, 1959, or to provide equitable compensation to such citizens and entities for such property .
Section 206 of that Act ( 22 U.S.C. 6066 ), which sets forth requirements for determining whether a democratically elected government has been established in Cuba and defines such a government as one that has made demonstrable progress in returning to United States citizens (and entities which are 50 percent or more beneficially owned by United States citizens) property taken by the Cuban Government from such citizens and entities on or after January 1, 1959, or providing full compensation for such property in accordance with international law standards and practice .
Section 103 of that Act of ( 22 U.S.C. 6033 ), which prohibits a United States national or a United States agency from knowingly providing financing for transactions involving any property owned by a United States national that was confiscated by the Government of Cuba. It is the sense of Congress that the United States should not further pursue efforts to ease restrictions on travel to or trade with Cuba or to otherwise further normalize relations with Cuba until— the President submits to Congress the plan described in section 3(b); all property taken by the Cuban Government from United States nationals on or after January 1, 1959, has been returned to such nationals or full compensation for such property has been provided to such nationals; and the Government of Cuba provides secure protection for the internationally recognized human rights of the people of Cuba.
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