S.Amdt. 3668Senate110th Congress (2007-2009)

S.Amdt. 3668

What it does: Adds SEC. 3__. AGRICULTURAL SUPPLY at the appropriate place in title III
Sponsored by Max BaucusSen. Max Baucus (D-MT)
Submitted November 14, 2007

What it changes

1 change to H.R. 2419

Adds a section
  1. Adds SEC. 3__. AGRICULTURAL SUPPLY at the appropriate place in title III

    Adds a section

    Inserted: SEC. 3__. AGRICULTURAL SUPPLY.

    Inserted: (a) In General.--Section 902(1) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201(1)) is amended--

    Inserted: (1) by striking paragraph (1);

    Inserted: (2) by redesignating paragraph (2) as paragraph (1); and

    Inserted: (3) by inserting after paragraph (1) the following:

    Inserted: "(2) Agricultural supply.--The term 'agricultural supply' includes--

    Inserted: "(A) agricultural commodities; and

    Inserted: "(B)(i) agriculture-related processing equipment;

    Inserted: "(ii) agriculture-related machinery; and

    Inserted: "(iii) other capital goods related to the storage or handling of agricultural commodities or products.".

    Inserted: (b) Conforming Amendments.--The Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.) is amended--

    Inserted: (1) by striking "agricultural commodities" each place it appears and inserting "agricultural supplies";

    Show 32 more inserted paragraphs

    Inserted: (2) in section 904(2), by striking "agricultural commodity" and inserting "agricultural supply"; and

    Inserted: (3) in section 910(a), in the subsection heading, by striking "Agricultural Commodities" and inserting "Agricultural Supplies".

    Inserted: SEC. 3__. CLARIFICATION OF PAYMENT TERMS UNDER TSREEA.

    Inserted: Section 908(b)(1) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7207(b)(1)) is amended--

    Inserted: (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately;

    Inserted: (2) striking "(1) In general.--No United States person" and inserting the following:

    Inserted: "(1) Prohibition.--

    Inserted: "(A) In general.--No United States person"; and

    Inserted: (3) in the undesignated matter following clause (ii) (as redesignated by paragraph (1)), by striking "Nothing in this paragraph" and inserting the following:

    Inserted: "(B) Definition of payment of cash in advance.--Notwithstanding any other provision of law, for purposes of this paragraph, the term 'payment of cash in advance' means only that payment must be received by the seller of an agricultural supply to Cuba or any person in Cuba before surrendering physical possession of the agricultural supply.

    Inserted: "(C) Regulations.--The Secretary of the Treasury shall publish in the Federal Register a description of the contents of this section as a clarification of the regulations of the Secretary regarding sales under this title to Cuba.

    Inserted: "(D) Clarification.--Nothing in this paragraph".

    Inserted: SEC. 3__. REQUIREMENTS RELATING TO CERTAIN TRAVEL-RELATED TRANSACTIONS WITH CUBA.

    Inserted: Section 910 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7208) is amended by adding at the end the following:

    Inserted: "(c) General License Authority for Travel-Related Expenditures in Cuba by Persons Engaging in TSREEA-Authorized Sales and Marketing Activities.--

    Inserted: "(1) Definition of sales and marketing activity.--

    Inserted: "(A) In general.--In this subsection, the term 'sales and marketing activity' means any activity with respect to travel to, from, or within Cuba that is undertaken by United States persons--

    Inserted: "(i) to explore the market in Cuba for products authorized under this title; or

    Inserted: "(ii) to engage in sales activities with respect to such products.

    Inserted: "(B) Inclusion.--The term 'sales and marketing activity' includes exhibiting, negotiating, marketing, surveying the market, and delivering and servicing products authorized under this title.

    Inserted: "(2) Authorization.--The Secretary of the Treasury shall authorize under a general license the travel-related transactions listed in paragraph (c) of section 515.560 of title 31, Code of Federal Regulations (as in effect on June 1, 2007), for travel to, from, or within Cuba in connection with sales and marketing activities involving products approved for sale under this title.

    Inserted: "(3) Authorized persons.--Persons authorized to travel to Cuba under paragraph (2) shall include--

    Inserted: "(A) producers of products authorized under this title;

    Inserted: "(B) distributors of such products; and

    Inserted: "(C) representatives of trade organizations that promote the interests of producers and distributors of such products.

    Inserted: "(4) Regulations.--The Secretary of the Treasury shall promulgate such rules and regulations as are necessary to carry out this subsection.".

    Inserted: SEC. 3__. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN AND UNITED STATES FINANCIAL INSTITUTIONS.

    Inserted: The Trade Sanctions Reform and Export Enhancement Act of 2000 is amended--

    Inserted: (1) by redesignating section 911 (22 U.S.C. 7201 note; Public Law 106-387) as section 912; and

    Inserted: (2) by inserting after section 910 (22 U.S.C. 7209) the following:

    Inserted: "SEC. 911. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN AND UNITED STATES FINANCIAL INSTITUTIONS.

    Inserted: "Notwithstanding any other provision of law (including regulations), the President shall not restrict direct transfers from Cuban to United States financial institutions executed in payment for products authorized by this Act.".

    The amendment doesn't say where this goes; the clerk decides.

    Original wording

    At the appropriate place in title III, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 3668. Mr. BAUCUS submitted an amendment intended to be proposed by him to the bill H.R. 2419, to provide for the continuation of agricultural programs through fiscal year 2012, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title III, insert the following:

SEC. 3__. AGRICULTURAL SUPPLY.

(a) In General.--Section 902(1) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201(1)) is amended--

(1) by striking paragraph (1);

(2) by redesignating paragraph (2) as paragraph (1); and

(3) by inserting after paragraph (1) the following:

“(2) Agricultural supply.--The term ‘agricultural supply' includes--

“(A) agricultural commodities; and

“(B)(i) agriculture-related processing equipment;

“(ii) agriculture-related machinery; and

“(iii) other capital goods related to the storage or handling of agricultural commodities or products.”.

(b) Conforming Amendments.--The Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7201 et seq.) is amended--

(1) by striking “agricultural commodities” each place it appears and inserting “agricultural supplies”;

(2) in section 904(2), by striking “agricultural commodity” and inserting “agricultural supply”; and

(3) in section 910(a), in the subsection heading, by striking “Agricultural Commodities” and inserting “Agricultural Supplies”.

SEC. 3__. CLARIFICATION OF PAYMENT TERMS UNDER TSREEA.

Section 908(b)(1) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7207(b)(1)) is amended--

(1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately;

(2) striking “(1) In general.--No United States person” and inserting the following:

“(1) Prohibition.--

“(A) In general.--No United States person”; and

(3) in the undesignated matter following clause (ii) (as redesignated by paragraph (1)), by striking “Nothing in this paragraph” and inserting the following:

“(B) Definition of payment of cash in advance.--Notwithstanding any other provision of law, for purposes of this paragraph, the term ‘payment of cash in advance' means only that payment must be received by the seller of an agricultural supply to Cuba or any person in Cuba before surrendering physical possession of the agricultural supply.

“(C) Regulations.--The Secretary of the Treasury shall publish in the Federal Register a description of the contents of this section as a clarification of the regulations of the Secretary regarding sales under this title to Cuba.

“(D) Clarification.--Nothing in this paragraph”.

SEC. 3__. REQUIREMENTS RELATING TO CERTAIN TRAVEL-RELATED TRANSACTIONS WITH CUBA.

Section 910 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7208) is amended by adding at the end the following:

“(c) General License Authority for Travel-Related Expenditures in Cuba by Persons Engaging in TSREEA-Authorized Sales and Marketing Activities.--

“(1) Definition of sales and marketing activity.--

“(A) In general.--In this subsection, the term ‘sales and marketing activity' means any activity with respect to travel to, from, or within Cuba that is undertaken by United States persons--

“(i) to explore the market in Cuba for products authorized under this title; or

“(ii) to engage in sales activities with respect to such products.

“(B) Inclusion.--The term ‘sales and marketing activity' includes exhibiting, negotiating, marketing, surveying the market, and delivering and servicing products authorized under this title.

“(2) Authorization.--The Secretary of the Treasury shall authorize under a general license the travel-related transactions listed in paragraph (c) of section 515.560 of title 31, Code of Federal Regulations (as in effect on June 1, 2007), for travel to, from, or within Cuba in connection with sales and marketing activities involving products approved for sale under this title.

“(3) Authorized persons.--Persons authorized to travel to Cuba under paragraph (2) shall include--

“(A) producers of products authorized under this title;

“(B) distributors of such products; and

“(C) representatives of trade organizations that promote the interests of producers and distributors of such products.

“(4) Regulations.--The Secretary of the Treasury shall promulgate such rules and regulations as are necessary to carry out this subsection.”.

SEC. 3__. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN AND UNITED STATES FINANCIAL INSTITUTIONS.

The Trade Sanctions Reform and Export Enhancement Act of 2000 is amended--

(1) by redesignating section 911 (22 U.S.C. 7201 note; Public Law 106-387) as section 912; and

(2) by inserting after section 910 (22 U.S.C. 7209) the following:

“SEC. 911. AUTHORIZATION OF DIRECT TRANSFERS BETWEEN CUBAN AND UNITED STATES FINANCIAL INSTITUTIONS.

“Notwithstanding any other provision of law (including regulations), the President shall not restrict direct transfers from Cuban to United States financial institutions executed in payment for products authorized by this Act.”.

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Senate amendment submitted

November 14, 2007

Amendments

1 amendment

Offered to this amendment