A New Wave of Cuba-Related Litigation - Title III Helms-Burton Act Claims -
On April 17, 2019, the Trump administration announced that it would allow the suspension of Title III of the Helms-Burton Act to lapse as of May 2, 2019, thereby allowing eligible individuals and companies to file lawsuits in U.S. courts seeking compensation for property expropriated by the Cuban government since 1959. This is the first time since the law became effective 23 years ago that Title III would be activated, after it had been suspended by every U.S. president since the law came into effect.
Since 2017, recently restored diplomatic relations between the United States and Cuba have been rapidly deteriorating: The Trump administration reinstated travel restrictions for U.S. citizens to Cuba and published the Cuba Restricted List, prohibiting U.S. individuals and companies from doing business with the entities listed. In November 2018, the U.S. administration signaled that it was seriously reviewing Title III of the Helms-Burton Act. And, in March 2019, the administration announced that it would only suspend Title III for another 45 days instead of the standard 6 months. This latest, most severe step appears to be a response to Cuba’s continued military, security, and intelligence support of Venezuela’s Nicolás Maduro, in the face of one of the worst man-made humanitarian crises in the world.
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