[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [S. 488 Introduced in Senate (IS)] <DOC> 119th CONGRESS 1st Session S. 488 To impose sanctions with respect to foreign persons that engage in certain transactions relating to Cuba and to impose sanctions with respect to human rights abuse and corruption in Cuba, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 6 (legislative day, February 5), 2025 Mr. Scott of Florida (for himself and Mr. Tuberville) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ A BILL To impose sanctions with respect to foreign persons that engage in certain transactions relating to Cuba and to impose sanctions with respect to human rights abuse and corruption in Cuba, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Denying Earnings to the Military Oligarchy in Cuba and Restricting Activities of the Cuban Intelligence Apparatus Act'' or the ``DEMOCRACIA Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) The Cuban Communist takeover of 1959 established in Cuba a one-party authoritarian state of the Cuban Communist Party. (2) Cuba is a totalitarian state, in which the Cuban Communist Party has brutally oppressed the people of Cuba for more than 60 years. (3) Cuban democracy activists, including Las Damas de Blanco (also known as ``Ladies in White''), a group composed of wives and relatives of political prisoners, prisoners of conscience, and peaceful activists in Cuba, are routinely repressed, censured, beaten, and unjustly imprisoned by the Cuban Communist Party. (4) On July 11, 2021, protesters marched in the streets throughout Cuba voicing their opposition against the communist regime of Cuba. (5) During those protests, Cubans in more than 40 cities held demonstrations chanting ``Freedom!'', ``Down with the Dictatorship!'', and ``Patria y Vida'' (``Homeland and Life''). (6) Through those protests, the people of Cuba demanded the end to communism in Cuba and access to food, medicine, water, and electricity, basic needs that the communist system in Cuba cannot provide. (7) Cubans gathered outside of the headquarters of the Cuban Communist Party chanting, ``Cuba isn't yours!''. In a clear message, Cubans exercised their fundamental God-given rights to peaceably assemble, express their political opinions, and live free of censorship and oppression and demanded the ruling elites, especially the Cuban Communist Party, release its control of their government and give the power back to the people. (8) During the July 11, 2021, protests, the Cuban Communist Party deployed a wave of terror throughout Cuba by-- (A) unleashing its secret police and some military forces on peaceful protesters and unlawfully detained them, including by-- (i) harassing and threatening people in their homes; (ii) abducting and torturing civil society leaders and other Cubans peacefully exercising their fundamental rights; and (iii) detaining more than 800 Cubans for peacefully protesting, who have gone missing since the protests and demonstrations began, including leaders from Cuban civil society groups such as UNPACU, the San Isidro Movement, the Ladies in White, and religious leaders; and (B) in a crude and savage effort to silence the Cuban people, cutting internet connectivity and mobile services throughout Cuba, which prevented the Cuban people from organizing and hid from the outside world images and videos of the oppressive and brutal crackdown by the Government of Cuba. (9) In response to these demonstrations and protests, the regime blocked access to social media, messaging platforms and cellular services, and arrested and detained hundreds of protesters, activists, and journalists, according to Cuban human rights groups. (10) The Human Rights Report on Cuba for 2020 set forth by the Department of State found that Cuba is an authoritarian state. (11) A new constitution ratified in February 2019 codified that Cuba remains a one-party system in which the Cuban Communist Party is the only legal political party. Elections in Cuba were neither free, fair, nor competitive. (12) The Ministry of Interior of Cuba (MININT) controls police, internal security forces, and the prison system. The National Revolutionary Police are the primary law enforcement organization of the Ministry. Specialized units of the state security branch of the Ministry are responsible for monitoring, infiltrating, and suppressing independent political activity. The national leadership of Cuba, including members of the military, maintain effective control over the security forces. Members of the security forces have committed numerous abuses. (13) Significant human rights issues in Cuba include the following: (A) Unlawful or arbitrary killings by the Government of Cuba, including extrajudicial killings. (B) Forced disappearances by the Government of Cuba. (C) Torture and cruel, inhuman, and degrading treatment of political dissidents, detainees, and prisoners by security forces. (D) Harsh and life-threatening prison conditions. (E) Arbitrary arrests and detentions. (F) The detaining of political prisoners. (G) Significant problems with the independence of the judiciary. (H) Arbitrary or unlawful interference with privacy. (I) Functional lack of freedom of the press, as criminal libel laws are used against persons who criticize leadership of the Government of Cuba and that Government has engaged in censorship and internet site blocking. (J) Severe limitations on academic and cultural freedom. (K) Severe restrictions on the right of peaceful assembly and denial of freedom of association, including refusal to recognize independent associations. (L) Severe restrictions on religious freedom. (M) Restrictions on internal and external freedom of movement. (N) Inability of citizens to change their government through free and fair elections. (O) Restrictions on political participation to members of the ruling party. (P) Corruption by officials of the Government of Cuba. (Q) Trafficking in persons, including compulsory labor. (R) Outlawing of independent trade unions. (14) Officials of the Government of Cuba, at the direction of their superiors, have committed most human rights abuses. As a matter of policy, officials failed to investigate or prosecute the individuals who committed those abuses. Impunity for the perpetrators has remained widespread. (15) The United States Commission on International Religious Freedom recommended in its 2021 Annual Report that the United States Government again place Cuba on the special watch list under section 402(b)(1)(A)(iii) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)(A)(iii)) and recommended imposing sanctions on the Office of Religious Affairs of Cuba. (16) In the report specified in paragraph (15), the United States Commission on International Religious Freedom raised concerns regarding the denial in Cuba of religious freedom for human rights activists, independent journalists, and protesters, particularly in the wake of demonstrations that started on November 13, 2020, calling for greater freedom of expression in Cuba. (17) Cuba was ground zero for a series of yet unexplained attacks in 2016 on members of the diplomatic community of the United States in Havana, Cuba. (18) Cuba continues to provide safe harbor for adversaries of the United States, including multiple fugitives from justice in the United States, including William Morales, Charles Hill, Victor Manuel Gerena, and Joanne Chesimard, who executed New Jersey State Trooper Werner Foerster during a routine traffic stop in May 1973. (19) The Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.) prohibits the President from imposing unilateral agricultural or medical sanctions against Cuba. (20) The defense, security, and intelligence sectors of Cuba are the primary perpetrators of beatings, arrests, detainments, and unjust imprisonments of the Cuban people. (21) The Cuban Communist Party has a long history of racism. (22) No high level positions within the Cuban Communist Party are occupied by Afro-Cubans. (23) Many Cubans who suffered the worst treatment at the hands of the security forces of the Cuban Communist Party are Afro-Cuban, such as Dr. Oscar Elias Biscet, Jorge Luis Garcia Perez, Berta Soler of Las Damas de Blanco, Guillermo Farinas Hernandez, Orlando Zapata Tamayo, Luis Manuel Otero Alcantara, and Ivan Hernandez Carrillo. (24) On January 12, 2021, the Department of State determined that Cuba has repeatedly provided support for acts of international terrorism and was designated a state sponsor of terrorism. (25) On May 14, 2021, Secretary of State Antony Blinken determined and certified to Congress that Cuba is not cooperating fully with United States antiterrorism efforts. (26) The Cuban Communist Party continues to support international terrorist groups such as the Revolutionary Armed Forces of Colombia (FARC) and the National Liberation Army (ELN). (27) Commercial engagement with the defense, security, and intelligence sectors of Cuba empowers the human rights abuses, racism against Afro-Cubans, and support for international terrorism by the Cuban Communist Party. (b) Sense of Congress.--It is the sense of Congress that Congress-- (1) reaffirms subsection (a) of section 1704 of the Cuban Democracy Act of 1992 (22 U.S.C. 6003), which states that the President should encourage foreign countries to restrict trade and credit relations with Cuba in a manner consistent with the purposes of that Act; and (2) urges the President to take immediate steps to apply the sanctions described in subsection (b)(1) of that section with respect to countries assisting Cuba. SEC. 3. STATEMENT OF POLICY. It shall be the policy of the United States-- (1) to support the desire of the people of Cuba for freedom and democracy; and (2) to work with allies and the international community to seek to restrict and reduce the financial resources of the Cuban dictatorship, which supports terrorism and perpetrates injustice and human rights abuses against the Cuban people, that being the Cuban military, security, and intelligence sectors. SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS THAT ENGAGE IN CERTAIN TRANSACTIONS RELATING TO CUBA. (a) Imposition of Sanctions.-- (1) In general.--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). (2) Activities described.--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) 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); (B) 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; (C) 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); (D) an agency, instrumentality, or other entity operated or controlled by a covered sector, entity, or individual described in subparagraph (A); (E) an entity or individual-- (i) 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 (ii) for the benefit of an entity or individual specified in any of subparagraphs (A) through (D); (F) 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 (G) 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. (3) Exceptions.--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: (A) 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.). (B) A remittance to an immediate family member, other than-- (i) an individual who is a high-level member of the Cuban Communist Party; or (ii) an individual who is an immediate family member of an individual described in clause (i). (C) 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. (D) 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). (E) 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. (F) 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. (4) Sense of congress.--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. (5) Covered sector defined.--In this subsection, the term ``covered sector'' means-- (A) the defense sector; (B) the security sector; (C) the intelligence sector; or (D) 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. (b) Sanctions Described.-- (1) In general.--The sanctions to be imposed with respect to a foreign person subject to subsection (a) are the following: (A) Blocking of property.--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