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Code · BILL · 114th Congress · S. 2943 (EAH) — 114 S2943 EAH: National Defense Authorization Act for Fiscal Year 2017 · Sec. 1259B

Sec. 1259B. Limitation on military contact and cooperation between the United States and Cuba

624 words·~3 min read·/bill/114/s/2943/eah/section-1259b

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Except as provided in subsection (b), none of the funds authorized to be appropriated or otherwise made available for fiscal year 2017 for the Department of Defense may be used for any bilateral military-to-military contact or cooperation between the Governments of the United States and Cuba until the Secretary of Defense and the Secretary of State, in consultation with the Director of National Intelligence, certify to the appropriate congressional committees that— the Government of Cuba has— met the requirements and satisfied the factors specified in sections 205 and 206 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6065 and 6066); and resolved, to the full satisfaction of United States law, all outstanding claims and judgments belonging to United States nationals against the Government of Cuba, including but not limited to claims regarding property confiscated by the Government of Cuba; the Cuban military and other security forces in Cuba have ceased committing human right abuses, including arbitrary arrests, beatings, and other acts of repudiation, against those who express opposition to the Castro regime, civil rights activists and other citizens of Cuba, as well as all persecution, intimidation, arrest, imprisonment, and assassination of dissidents and members of faith-based organizations; the Cuban military has ceased providing military intelligence, weapons training, strategic planning, and security logistics to the military and security forces of Venezuela; the Government of Cuba no longer demands that the United States relinquish control of Guantanamo Bay, in violation of an international treaty; the Government of Cuba returns to the United States fugitives wanted by the Department of Justice for crimes committed in the United States; and the officials of the Cuban military that were indicted in the murder of United States citizens during the shoot down of planes operated by the Brothers to the Rescue humanitarian organization in 1996 are brought to justice.
The limitation on the use of funds under subsection
(a)shall not apply with respect to— 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; 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 customary and routine financial transactions necessary for the maintenance, improvements, or regular duties of the United States mission in Havana, including outreach to the pro-democracy opposition. In this section: The term appropriate congressional committees means— the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. The term bilateral military-to-military contact or cooperation — means— reciprocal visits and meetings by high-ranking delegations; information sharing, policy consultations, security dialogues or other forms of consultative discussions; exchange of military instructors, training personnel, and students; defense planning; and military training or exercises; but does not include any contact or cooperation that is in support of the United States stability operations. The term Cuban military means— the Ministry of the Revolutionary Armed Forces of Cuba, the Ministry of the Interior of Cuba, or any subdivision of either such Ministry; any agency, instrumentality, or other entity that is owned, operated, or controlled by an entity specified in subparagraph (A); or 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. This section takes effect on the date of the enactment of this Act and applies with respect to funds described in subsection
(a)that are unobligated as of such date of enactment.
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Sec. 1259B
Limitation on military contact and cooperation between the United States and Cuba
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