>Subject: Cuba Trade Normalization Act of 2000
>
>
>Senator Max Baucus (D-MT)
>
>Introduction of:
>
>"The Cuba Trade Normalization Act of 2000"
>
>United States Senate May 25, 2000
>
>
>I rise today, on behalf of myself and Senators
>Roberts, Dorgan, and Lincoln, to introduce the
>"The Cuba Trade Normalization Act of 2000".
>
>For forty years, we have implemented a series of
>policies designed to end Fidel Castro's leadership
>of Cuba.  The instruments we have used have
>included a trade embargo, an invasion of Cuba,
>assassination attempts, and multilateral press-
>ures. None of these measures has moved Cuba
>any closer to democracy and a market economy.
>In fact, the result has been just the opposite.
>Castro is as entrenched as ever.  The economy is
>in tatters.  The Cuban people are suffering.
>
>For four decades, Castro has suppressed his
>own citizens.  He has been responsible for the
>imprisonment and mistreatment of thousands,
>and the emigration of hundreds of thousands.
>He has dispatched Cuban troops around the
>world to support revolution.
>
>During the Cold War, Cuba was an integral member
>of the Soviet bloc. Castro was an eager and active
>participant in the proxy battles fought between
>the United States and the Soviet Union throughout
>Africa, Asia, and Latin America. But the Cold War
>has been over for a decade.  The embargo, which
>had the goal of forcing Castro out of power, has
>failed totally.  And it will continue to have no
>impact on the longevity of Castro's rule.
>
>What has the embargo and American policy actually
>done?  It has certainly done nothing to advance
>liberty and democracy for the Cuban people.  And
>there are no prospects that it will.
>
>First, it prohibits all trade with Cuba.  It does
>include an exception for the sale of food and
>medicine.  However, the requirements are so
>complex and burdensome on US suppliers that very
>little food or medicine has been exported to Cuba.
>We hurt the Cuban people.  We hurt American
>business, American farmers, and American workers.
>And we have had no impact on the regime.
>
>Second, we have succeeded in alienating virtually
>all potential allies who would be willing to work
>with us in developing a realistic policy to
>influence change in Cuba - the nations of the
>European Union, Canada, the Organization of
>American States, the United Nations, even the
>Pope.
>
>Third, we now have a law, the Cuban Liberty and
>Democratic Solidarity Act, that prohibits lifting
>the embargo until there is a transition government
>in Cuba that does not include Castro.  This is an
>"all or nothing policy" that cannot work in the
>real world.
>
>Unilateral trade sanctions don't work.  This is as
>true with Cuba as it has been with China, Myanmar,
>Iraq, or North Korea.  In some cases, it hurts the
>people in those countries.  And it hurts Ameri-
>cans, our farmers, ranchers, workers, and
>businesses. Forty years of sanctions have
>accomplished nothing in Cuba. It is time for the
>Congress to recognize that.  I fully support the
>efforts being made again this year in both the
>Senate and the House to remove the unilateral
>restraints we have put on our export of food and
>medicine to a number of countries, including Cuba.
>This bill is not a substitute for those efforts.
>
>Rather, this bill is directed only toward Cuba,
>and goes far beyond liberalization of food and
>medicine exports.
>
>Thomas Jefferson said "Enlighten the people
>generally, and tyranny and oppressions of body
>and mind will vanish like evil spirits at the dawn
>of the day." Current US policy turns Jefferson's
>statement on its head.  Our effort to isolate Cuba
>through the trade embargo and other policies
>has failed to bring human rights improvement,
>has provided a pretext for Castro's continued
>repression, makes the United States the scape-
>goat for Castro's failed economic policies, and
>hurts the Cuban people.
>
>It is time to put together a responsible strategy
>to improve the human condition in Cuba and set
>the stage for increased freedom and respect for
>human rights once Fidel Castro leaves the scene.
>
>Obviously, Cuba will not change overnight with
>the removal of the trade embargo.  But this bill
>is a first step down the road to a peaceful tran-
>sition to a democratic society and a market
>economy in Cuba.
>
>Before I conclude, I want to recognize my friend,
>Congressman Charles Rangel, who has been a
>leader in trying to end the embargo and move
>toward normalization of relations with Cuba.
>I look forward to working closely with him to
>make this happen.
>
>I urge my Senate colleagues to support our effort.
>
>
>TEXT OF LEGISLATION FOLLOWS:
>
>
>106th CONGRESS 2st Session
>
>S 2617
>
>IN THE SENATE OF THE UNITED STATES
>
>Mr. Baucus (for himself and Mr. Roberts, Mr.
>Dorgan, and Ms. Lincoln) introduced the following
>bill; which was read twice and referred to the
>Committee on May 24, 2000
>
>A BILL
>
>To lift the trade embargo on 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 Cuba Trade
>Normalization Act of 2000'.
>
>SEC. 2. FINDINGS.
>
>The Congress finds that--
>
>(1) with the end of the Cold War and the collapse
>of the Soviet Union, Cuba is no longer a threat to
>the United States or the Western Hemisphere;
>
>(2) the continuation of the embargo on trade
>between the United States and Cuba that was
>declared in February of 1962 is counterproductive,
>adding to the hardships of the Cuban people while
>making the United States the scapegoat for the
>failures of the communist system;
>
>(3) in the former Soviet Union, the Eastern bloc
>countries, China, and Vietnam, the United States
>is using economic, cultural, academic, and
>scientific engagement to support its policy of
>promoting democratic and human rights reforms;
>and
>
>(4) the United States can best support democratic
>change in Cuba by promoting trade and commerce,
>travel, communications, and cultural, academic,
>and scientific exchanges.
>
>SEC. 3. REMOVAL OF PROVISIONS REST RICT-
>ING TRADE AND OTHER RELATIONS WITH CUBA.
>
>(a) AUTHORITY FOR EMBARGO AND SUGAR QUOTA-
>Section 620(a) of the Foreign Assistance Act of
>1961
>(22 U.S.C. 2370(a)) is repealed.
>
>(b) TRADING WITH THE ENEMY ACT-
>The authorities conferred upon the President by
>section 5(b) of the Trading With the Enemy Act,
>which were being exercised with respect to Cuba
>on July 1, 1977, as a result of a national
>emergency
>declared by the President before that date, and
>are
>being exercised on the day before the effective
>date of this Act, may not be exercised on or after
>such effective date with respect to Cuba.  Any
>regulations in effect on the day before such
>effective date pursuant to the exercise of such
>authorities, shall cease to be effective on such
>date.
>
>(c) EXERCISE OF AUTHORITIES UNDER
>OTHER PROVISIONS OF LAW-
>
>(1) REMOVAL OF PROHIBITIONS-
>Any prohibition on exports to Cuba that is in
>effect on the day before the effective date of
>this Act under the Export Administration Act of
>1979 shall cease to be effective on such
>effective date.
>
>(2) AUTHORITY FOR NEW RESTRICTIONS-
>The President may, on and after the effective
>date of this Act--
>
>(A) impose export controls with respect to Cuba
>under section 5, 6(j), 6(l), or 6(m) of the Export
>Administration Act of 1979, and
>
>(B) exercise the authorities he has under the
>International Emergency Economic Powers Act
>with respect to Cuba pursuant to a declaration of
>national emergency required by that Act that is
>made on account of an unusual and extraordinary
>threat, that did not exist before the enactment of
>this Act, to the national security, foreign
>policy, or economy of the United States.
>
>(d) CUBAN DEMOCRACY ACT-
>The Cuban Democracy Act of 1992
>(22 U.S.C. 6001 and following) is repealed.
>
>(e) REPEAL OF CUBAN LIBERTY AND
>DEMOCRATIC SOLIDARITY (LIBERTAD)
>ACT OF 1996-
>
>(1) REPEAL-The Cuban Liberty and Democratic
>Solidarity (LIBERTAD) Act of 1996 is repealed.
>
>(2) CONFORMING AMENDMENTS-
>(A) Section 498A of the Foreign Assistance Act
>of 1961 (22 U.S.C. 2295a) is amended--
>
>(i) in subsection (a)(11) by striking `and
>intelligence facilities, including the military
>and intelligence facilities at Lourdes and
>Cienfuegos,' and inserting `facilities,';
>
>(ii) in subsection
>(b)--(I) in paragraph (4) by adding `and' after
>the semicolon;
>
>(II) by striking paragraph (5); and
>
>(III) by redesignating paragraph (6) as paragraph
>(5); and
>
>(iii) by striking subsection (d).
>
>(B) Section 498B(k) of the Foreign Assistance Act
>of 1961 (22 U.S.C. 2295b(k)) is amended by
>striking paragraphs (3) and (4).
>
>(C) Section 1611 of title 28, United States Code,
>is amended by striking subsection (c).
>
>(D) Sections 514 and 515 of the International
>Claims Settlement Act of 1949 (22 U.S.C. 1643l
>and 1643m) are repealed.
>
>(f) TERMINATION OF DENIAL OF FOREIGN
>TAX CREDIT WITH RESPECT TO CUBA-
>Subparagraph (A) of section 901(j)(2) of the
>Internal Revenue Code of 1986 (relating to
>denial of foreign tax credit, etc., with respect
>to
>certain foreign countries) is amended by adding
>at the end thereof the following new flush
>sentence:
>
>`Notwithstanding the preceding sentence, this
>subsection shall not apply to Cuba after the date
>which is 60 days after the date of the enactment
>of this sentence.'.
>
>(g) SUGAR QUOTA PROHIBITION UNDER
>FOOD SECURITY ACT OF 1985-
>Section 902(c) of the Food Security Act of 1985
>is repealed.
>
>SEC. 4. TELECOMMUNICATIONS EQUIPMENT
>AND FACILITIES.
>
>Any common carrier within the meaning of section 3
>of the Communications Act of 1934 (47 U.S.C. 153)
>is authorized to install, maintain, and repair
>telecommunications equipment and facilities in
>Cuba, and otherwise provide telecommunications
>services between the United States and Cuba.
>The authority of this section includes the
>authority to upgrade facilities and equipment.
>
>SEC. 5. TRAVEL.
>
>(a) IN GENERAL- Travel to and from Cuba by
>individuals who are citizens or residents of the
>United States, and any transactions ordinarily
>incident to such travel, may not be regulated or
>prohibited if such travel would be lawful >in the
>United States.
>
>(b) TRANSACTIONS INCIDENT TO TRAVEL-
>Any transactions ordinarily incident to travel
>which
>may not be regulated or prohibited under sub-
>section (a) include, but are not limited to--
>
>(1) transactions ordinarily incident to travel or
>maintenance in Cuba; and
>
>(2) normal banking transactions involving foreign
>currency drafts, traveler's checks, or other
>negotiable instruments incident to such travel.
>
>SEC. 6. DIRECT MAIL DELIVERY TO CUBA.
>
>The United States Postal Service shall take such
>actions as are necessary to provide direct mail
>service to and from Cuba, including, in the
>absence of common carrier service between the 2
>countries, the use of charter providers.
>
>SEC. 7. NEGOTIATIONS WITH CUBA.
>
>(a) NEGOTIATIONS- The President should take all
>necessary steps to conduct negotiations with the
>Government of Cuba--
>
>(1) for the purpose of settling claims of
>nationals of the United States against the
>Government of Cuba for the taking of property by
>such government; and
>
>(2) for the purpose of securing the protection of
>internationally recognized human rights.
>
>(b) DEFINITIONS- As used in this section, the
>terms `national of the United States' and
>`property' have the meanings given those terms in
>section 502 >of the International Claims
>Settlement Act of 1949 (22 U.S.C. 1643a).
>
>SEC. 8. EFFECTIVE DATE.
>
>This Act shall take effect 60 days after the date
>of the enactment of this Act.
>
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