Loading...
HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #18823 Date: 01/22/2026 Commission Meeting Date: 01/22/2026 Requesting Department: City Commission Sponsored By: District Impacted: Type: Resolution Subject: Resolution urging the federal government to enforce laws related to conducting business with Cuba Budget Impact Analysis Total Fiscal Impact: > City Commission Legislative Division Office of Management and Budget Office of the City Attorney Office of the City Attorney Office of the City Clerk Reviewed B Maricarmen Lopez Valentin J Alvarez Marie Gouin Thomas M. Fossler George K. wysong III City Clerk's Office Meeting Legislative Division Review Budget Review ACA Review Approved Form and Correctness Rendered Completed Completed Completed Completed Completed Completed 01/22/2026 9:00 AM 01/26/2026 10:57 AM 01/29/2026 11:26 AM 02/05/2026 3:25 PM 02/06/2026 11:56 AM 02/06/2026 2:00 PM City of Miami Legislation Resolution Enactment Number: R-26-0053 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18823 Final Action Date:1/22/2026 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA, URGING THE FEDERAL GOVERNMENT TO STRENUOUSLY AND VIGOROUSLY ENFORCE FEDERAL SANCTIONS AND EXPORT -CONTROL LAWS AND REGULATIONS GOVERNING TRANSACTIONS WITH, AND BENEFITING, THE GOVERNMENT OF CUBA AND CUBA-RESTRICTED ENTITIES; DIRECTING THE CITY CLERK TO TRANSMIT THIS RESOLUTION TO FEDERAL OFFICIALS AND AGENCIES IDENTIFIED HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States maintains an extensive federal sanctions and export - control framework governing transactions involving Cuba and Cuban nationals, including the Cuban Assets Control Regulations ("CACR"), 31 C.F.R. Part 515, administered by the United States Department of the Treasury, Office of Foreign Assets Control ("OFAC"); and WHEREAS, the CACR broadly prohibit transactions involving Cuba or Cuban nationals except as specifically authorized by federal regulation, ruling, instruction, or general or specific license issued under federal authority; and WHEREAS, federal authorization determinations are made through OFAC's licensing and enforcement processes; and WHEREAS, federal export controls also regulate exports and reexports to Cuba, including license requirements under the Export Administration Regulations, 15 C.F.R. § 746.2, administered by the United States Department of Commerce, Bureau of Industry and Security ("BIS"); and WHEREAS, the United States Department of State publishes the "Cuba Restricted List" of entities and subentities associated with Cuba for which direct financial transactions are restricted, and OFAC guidance specifically references that list and related Federal Register publications as part of the sanctions architecture applicable to Cuba -related transactions; and WHEREAS, federal sanctions compliance often operates through general licenses (where no individualized "license document" is issued), recordkeeping, audits, investigations, civil penalties, and criminal prosecutions, and OFAC's recordkeeping regulations require retaining records for at least ten (10) years for transactions subject to OFAC-administered sanctions programs; and WHEREAS, on January 22, 2026, the Miami City Commission adopted Resolution No. R-26-0051 authorizing and directing the City Manager to work with and support the Miami -Dade County Tax Collector to ensure that all applicable federal, state, and local laws governing Business Tax Receipts ("BTRs") and related compliance requirements are properly followed and enforced, and further directing the City Manager to request from the Miami -Dade County Tax Collector a monthly report of verified individuals, businesses, or entities improperly engaged in business with Cuba; and WHEREAS, the City Commission recognizes that recent local actions and announcements within Miami -Dade County reflect heightened scrutiny of BTR-related compliance for businesses with Cuba -related activity, including efforts led by the Miami -Dade County Tax Collector and certain municipalities, such as the City of Hialeah, that have publicly described initiatives focused on businesses alleged to have ties to, or dealings benefiting, the Cuban government; and WHEREAS, the City Commission recognizes and shares the community's strong interest in ensuring that no person uses the City as a base to finance, sustain, or otherwise materially benefit the Cuban communist regime or any Cuba -restricted entity; and WHEREAS, the City Commission further finds that the determination of whether a particular transaction is prohibited, authorized by general license, or requires a specific license is a highly federalized, fact -specific legal inquiry governed by federal statutes, regulations, Federal Register notices, and OFAC/BIS guidance, and is best made and enforced through federal processes designed for that purpose; and WHEREAS, the City Commission finds that creating a new municipal enforcement process to investigate, adjudicate, and penalize alleged violations of federal sanctions or export - control laws, outside of federal processes, could expose the City to significant legal risk, including due process challenges, inconsistent application of federal licensing rules (including general -license activity), and potential claims arising from erroneous deprivation of local licensure; and WHEREAS, the City Commission therefore concludes that the appropriate municipal role is to support and urge robust federal enforcement and to cooperate by making referrals of credible information to federal agencies with jurisdiction, rather than adopting a parallel local enforcement regime; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission hereby urges the federal government to strenuously and vigorously enforce all applicable federal sanctions and export -control laws and regulations governing transactions with, and transactions that materially benefit, the Government of Cuba and Cuba -restricted entities, including but not limited to: (i) the Cuban Assets Control Regulations, 31 C.F.R. Part 515, including the prohibition framework set forth in 31 C.F.R. § 515.201; (ii) the Export Administration Regulations applicable to Cuba, including 15 C.F.R. § 746.2; and (iii) related restrictions tied to the U.S. Department of State's Cuba Restricted List and associated Federal Register publications. Section 3. The City Commission further urges the responsible federal agencies to prioritize (a) audits and investigations of entities operating within the United States that may be violating federal Cuba -related sanctions or export controls; (b) civil enforcement where warranted; and (c) criminal investigation and prosecution where appropriate, utilizing federal processes for licensing determinations, subpoenas, investigative demands, and administrative enforcement, including OFAC's enforcement and compliance mechanisms and BIS's export licensing and enforcement mechanisms. Section 4. The City Clerk is hereby directed to transmit a copy of this Resolution to the following federal officials and agencies: President Donald J. Trump Vice President JD Vance Speaker of the United States House of Representatives, Rep. Mike Johnson United States Senate Majority Leader, Sen. John Thune United States Senate Democratic Leader, Sen. Charles E. Schumer Secretary of the Treasury, Scott Bessent Under Secretary for Terrorism and Financial Intelligence, John Hurley Director, Office of Foreign Assets Control, Bradley T. Smith Secretary of Commerce, Howard W. Lutnick Under Secretary of Commerce for Industry and Security (BIS), Jeffrey I. Kessler Secretary of State, Marco Rubio Attorney General of the United States, Pamela Bondi Secretary of Homeland Security, Kristi Noem Commissioner, U.S. Customs and Border Protection, Rodney S. Scott and the members of the Florida Congressional Delegation. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ge Wy j ng III, C1ty tor -y 2/6/2026