Sec. 5. Imposition of sanctions with respect to human rights abuse and corruption in Cuba
1,331 words·~6 min read·
/bill/118/s/504/is/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The President shall impose the sanctions described in subsection
(b)with respect to the following persons: Any foreign person determined by the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General— to be responsible for or complicit in, or to have directly or indirectly engaged in, serious human rights abuse in Cuba; to be a current or former official of the Government of Cuba, or a person acting for or on behalf of such an official, who is responsible for or complicit in, or has directly or indirectly engaged in— corruption, including the misappropriation of state assets, the expropriation of private assets for personal gain, corruption related to government contracts or the extraction of natural resources, or bribery; or the transfer or the facilitation of the transfer of the proceeds of corruption; to be or have been a leader or official of— an entity, including a government entity, that has engaged in, or whose members have engaged in, any of the activities described in subparagraph
(A)or
(B)relating to the tenure of the leader or official; or an entity whose property and interests in property are blocked under subsection (b)(1) as a result of activities related to the tenure of the leader or official; to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of— any activity described in subparagraph
(A)or
(B)that is conducted by a foreign person; any person whose property and interests in property are blocked under subsection (b)(1); or any entity, including a government entity, that has engaged in, or whose members have engaged in, any of the activities described in subparagraph
(A)or
(B)of paragraph (1), if the activity is conducted by a foreign person; to have received any contribution or provision of funds, goods, or services from any person whose property and interests in property are blocked under subsection (b)(1); to be owned or controlled by, or to have acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked under subsection (b)(1); to be under the control of, or to act for or on behalf of, the military, intelligence, or security services or personnel of Cuba; to be an official of the Government of Cuba who works with the Ministry of Justice or the Office of the Attorney General and who violates due process rights of an individual in Cuba; or to have attempted to engage in any of the activities described in subparagraph
(A)or (B). Members of the Communist Party of Cuba, including— members of the Politburo; members, department heads, and employees of the Central Committee; secretaries and first secretaries of the provincial party central committees; and members of the Office of Religious Affairs. Members of the Council of State. Members of the Council of Ministers. Members of the Committees for the Defense of the Revolution. The Revolutionary Armed Forces of Cuba. The Ministry of the Interior of Cuba, including the National Revolutionary Police Force. The Office of the President of Cuba. The spouse and children of any individual subject to sanctions under this section. 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. ) 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, is a foreign person subject to subsection
(a)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 not impose sanctions under this section with respect to any person for— donating food or agricultural commodities to— an independent, nongovernmental organization not controlled by the Government of Cuba; or individuals in Cuba who are not high-level members of the Communist Party of Cuba or the immediate family member of any such individual; or exporting medicines or medical supplies, instruments, or equipment that would be permitted under section 1705(c) of the Cuban Democracy Act of 1992 ( 22 U.S.C. 6004(c) ). The President may waive the application of sanctions under this section with respect to a person if the President determines that such a waiver is in the national security interests of the United States. The President, the Secretary of the Treasury, the Secretary of State, and the Attorney General, and any other official of the United States Government are not required to provide any prior notice of a determination made under subsection
(a)or of any other determination to impose sanctions under this section. 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.
Connectionstraces to 6
Citation graph
cites case law
Sec. 5
Imposition of sanctions with respect to human rights abuse and corruption in Cuba
Cites 6Cited by 0 across 0 sources