US TO ALLOW PRIVATE ACTIONS AGAINST ENTITIES ON CUBA RESTRICTED LIST

A briefing from Baker McKenzie on 7th March said that, from 19th March, the suspension of the right to bring private actions in US federal court against Cuban entities handling confiscated property under the Helms-Burton Act will not apply to Cuban entities or sub-entities identified on the State Department’s List of Restricted Entities and Sub-entities Associated with Cuba.  The right to sue all other Cuban entities and foreign entities under the Act has been further suspended, but only for a 45-day period to April 17th.  The Act allows US nationals who formerly owned commercial property expropriated by the Cuban Government after the country’s 1959 revolution to file suit in US courts against persons (including foreign companies) that may be “trafficking” in that property.  The threat to lift restrictions is likely an effort to pressure the Cuban government, which has been supportive of the Maduro regime in Venezuela, it says.  It advises that companies doing business in or with Cuba may wish to begin assessing their potential exposure to potentially trafficked property – particularly if the suspension on “other Cuban and foreign entities” is not renewed after 17th April.

http://sanctionsnews.bakermckenzie.com/us-government-to-allow-private-actions-under-helms-burton-act-against-entities-on-cuba-restricted-list/

https://www.winston.com/en/thought-leadership/state-department-to-allow-lawsuits-against-certain-entities-that-traffic-in-property-confiscated-by-the-cuban-government.html

 

Author: raytodd2017

Chartered Legal Executive and former senior manager with Isle of Man Customs and Excise, where I was (amongst other things) Sanctions Officer (for UN/EU sanctions), Export Licensing Officer and Manager of the Legal-Library & Collectorate Support Section

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