Sec. 5. Imposition of sanctions with respect to military and intelligence facilities of the People's Republic of China in Cuba
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The President shall direct the Secretary of State to impose the sanctions described in subsection
(b)with respect to any foreign person that the Secretary determines engages in or has engaged in a significant transaction or transactions, or any significant dealings with, or has provided material support to or for a military or intelligence facility of the People's Republic of China in Cuba. The sanctions described in this subsection with respect to a foreign person are the following: The exercise of all powers granted to the President by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in all property and interests in property of the foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. In the case of a foreign person who is an alien, denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), of any visa or other documentation of the alien. The President shall exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. A person that knowingly violates, attempts to violate, conspires to violate, or causes a violation of subsection (b)(2) or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections
(b)and
(c)of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection
(a)of that section. The authorities and requirements to impose sanctions authorized under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. In this paragraph, the term good means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. Sanctions under subsection (b)(3) shall not apply to an alien if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. Notwithstanding any other provision of law, this section shall terminate on the date that is 30 days after the date on which the President determines and certifies to the appropriate congressional committees (and Congress has not enacted legislation disapproving the determination within that 30-day period) that Cuba has closed and dismantled all military or intelligence facilities of the People's Republic of China in Cuba. The President may waive the application of sanctions under this section with respect to a foreign person if the President, not later than 10 days before the waiver is to take effect, determines and certifies to the appropriate congressional committees that the waiver is in the vital national security interest of the United States. The President shall include with a certification submitted under paragraph
(1)with respect to a waiver a detailed justification explaining the reasons for the waiver. In this section: The term alien has the meaning given that term in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). The term appropriate congressional committees includes— the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate; and the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. The term foreign person means a person that is not a United States person. The term person means an individual or entity. The term United States person means— an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States; an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or any person in the United States.
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Sec. 5
Imposition of sanctions with respect to military and intelligence facilities of the People's Republic of China in Cuba
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