Sec. 4. Imposition of sanctions with respect to foreign persons that engage in certain transactions relating to Cuba

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The President shall impose the sanctions described in subsection

(b)with respect to a foreign person if the President determines that the foreign person, on or after the date of the enactment of this Act, knowingly engages in an activity described in paragraph (2). Except as provided in paragraph (3), a foreign person engages in an activity described in this paragraph if the foreign person provides financial, material, or technological support to, or engages in a transaction with— a covered sector of the Government of Cuba, or any entity or individual affiliated with such sector (including an immediate adult family member of such individual); an agency, instrumentality, or other entity owned by an entity that is part of or associated with a covered sector, entity, or individual described in subparagraph

(A)in a percentage share exceeding 25 percent; an individual who is a senior official of a covered sector or entity described in subparagraph

(A)(including an immediate adult family member of such individual); an agency, instrumentality, or other entity operated or controlled by a covered sector, entity, or individual described in subparagraph (A); an entity or individual— for the purpose of avoiding a financial transaction with, or the transfer of funds to, an entity or individual specified in any of subparagraphs

(A)through (D); or for the benefit of an entity or individual specified in any of subparagraphs

(A)through (D); a foreign person that is a military contractor, mercenary, or a paramilitary force knowingly operating in a military, security, or intelligence capacity for or on behalf of the Government of Cuba; or a foreign person subject to sanctions pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) or the Trading with the Enemy Act ( 50 U.S.C. 4301 et seq. ) with respect to Cuba or any other provision of law that imposes sanctions or other economic restrictions or limitations with respect to Cuba. The following activities engaged in by a foreign person shall not be considered to be activities described in paragraph

(2)for purposes of imposing sanctions described in subsection

(b)with respect to the person: The sale of agricultural commodities, medicines, and medical devices sold to Cuba consistent with the Trade Sanctions Reform and Export Enhancement Act of 2000 ( 22 U.S.C. 7201 et seq. ). A remittance to an immediate family member, other than— an individual who is a high-level member of the Cuban Communist Party; or an individual who is an immediate family member of an individual described in clause (i). A payment in furtherance of the lease agreement for, 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 ). Customary and routine financial transactions necessary for the maintenance, improvements, or regular duties of the United States Embassy in Havana, Cuba, including outreach to the pro-democracy opposition. Accessing the internet or providing cellular services if the internet and cellular services have been restored, are without interference from the Cuban regime, and do not include any technology, services, or communications backed by the Communist Party of the People's Republic of China. It is the sense of Congress that the President should, in making a determination of whether a foreign person engages in an activity described in paragraph (2), consider the provision of loans, credits, or export credits by the person to be a form of significant financial, material, or technological support as described in such paragraph. In this subsection, the term covered sector means— the defense sector; the security sector; the intelligence sector; or any other sector of the Government of Cuba beginning 15 days after the date on which the President certifies to Congress that such sector is involved in carrying out human rights abuses or providing support for international terrorism. The sanctions to be imposed with respect to a foreign person subject to subsection

(a)are the following: The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) and the Trading with the Enemy Act ( 50 U.S.C. 4301 et seq. ) to the extent necessary to block and prohibit all transactions in 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. An alien who the Secretary of State or the Secretary of Homeland Security (or a designee of one of such Secretaries) knows, or has reason to believe, has knowingly engaged in any activity described in subsection (a)(2) is— inadmissible to the United States; ineligible to receive a visa or other documentation to enter the United States; and otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). The issuing consular officer, the Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), revoke any visa or other entry documentation issued to an alien described in clause

(i)regardless of when the visa or other entry documentation is issued. A revocation under subclause (I)— shall take effect immediately; and shall automatically cancel any other valid visa or entry documentation that is in the alien’s possession. The penalties provided for in subsections

(b)and

(c)of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of any regulation, license, or order issued to carry out paragraph (1)(A) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection

(a)of that section. Sanctions under paragraph (1)(B) shall not apply with respect to an alien if admitting or paroling 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. The President shall exercise all authorities under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section, except that the President— shall not issue any general license authorizing, or otherwise authorize, any activity subject to sanctions under subsection (a); and shall require any United States person seeking to engage in a financial transaction or transfer of funds subject to sanctions under subsection

(a)to submit a written request to the Office of Foreign Assets Control of the Department of the Treasury. The President may waive the application of sanctions described in subsection

(b)with respect to a foreign person for a period of 180 days (and such waiver may not be renewed) if the President determines and certifies to Congress that such waiver is in the vital national security interest of the United States. In this section: The terms admitted and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). The term entity means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization. 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— a United States citizen or an alien lawfully admitted to the United States for permanent residence; an entity organized under the laws of the United States or any jurisdiction within the United States (including any foreign branch of such an entity); and any person in the United States.

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Sec. 4

Imposition of sanctions with respect to foreign persons that engage in certain transactions relating to Cuba

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