HomeMy WebLinkAboutR-26-0053City of Miami
Resolution R-26-0053
Legislation
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
City of Miami Page 1 of 3 File ID: 18823 (Revision:) Printed On: 2/26/2026
File ID: 18823 Enactment Number: R-26-0053
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
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File ID: 18823 Enactment Number: R-26-0053
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:
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