Bills of Congress by U.S. Congress

S.136 - United States-Cuba Trade Act of 2025 (119th Congress)

Summary

The United States-Cuba Trade Act of 2025 aims to lift the existing trade embargo on Cuba. The bill repeals various legislative acts and provisions that restrict trade and other relations with Cuba, including sections of the Foreign Assistance Act of 1961, the Trading With the Enemy Act, the Cuban Democracy Act of 1992, and the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996.

It also addresses telecommunications, travel, and remittances, seeking to normalize these aspects of the relationship between the two countries. The Act further directs the President to pursue negotiations with the Cuban government regarding property claims and human rights.

Expected Effects

If enacted, this bill would significantly alter the economic and diplomatic relationship between the United States and Cuba. It would open up opportunities for trade, investment, and travel, potentially benefiting both economies.

However, it could also lead to debates regarding human rights and property claims, and the extent to which the Cuban government is willing to engage in meaningful reforms.

Potential Benefits

  • Increased trade and investment opportunities for American businesses, particularly in sectors like agriculture, telecommunications, and tourism.
  • Greater access for American citizens to travel to Cuba, fostering cultural exchange and people-to-people diplomacy.
  • Potential for improved diplomatic relations and cooperation on issues of mutual interest, such as counter-narcotics and environmental protection.
  • Increased remittances to Cuba, providing financial support to Cuban families and potentially stimulating the Cuban economy.
  • Reduced restrictions on telecommunications, allowing for better communication between the two countries.

Potential Disadvantages

  • Concerns about human rights abuses in Cuba and the potential for the Cuban government to benefit from increased trade without making significant reforms.
  • Potential for disputes over property claims by American citizens whose assets were seized by the Cuban government after the revolution.
  • Possible negative impacts on certain industries in the United States that compete with Cuban exports, such as sugar.
  • Risk that lifting the embargo could be perceived as a reward for the Cuban government without sufficient progress on democratic reforms.
  • Potential for increased illegal activity, such as drug trafficking, due to increased travel and trade.

Constitutional Alignment

The bill's alignment with the Constitution is complex. Congress has the power to regulate commerce with foreign nations (Article I, Section 8, Clause 3). The bill seeks to exercise this power by removing restrictions on trade with Cuba. However, the Constitution also grants the President significant authority in foreign policy. The bill attempts to guide the President's actions through directives and reporting requirements, which could raise questions about the separation of powers.

Furthermore, the Fifth Amendment's protection of property rights could be relevant in the context of settling claims for property seized by the Cuban government. The bill encourages negotiations to resolve these claims, which aligns with the principle of protecting property rights.

Finally, the First Amendment, protecting the right to travel, is implicated by the bill's provisions regarding travel to Cuba.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).