On 25th April, Dentons published a briefing saying that from May 2nd US nationals will be able to file lawsuits in federal court against any individual or entity that “traffics” in property confiscated by the Cuban government on or after January 1st 1959 — a time span of more than 60 years.  It says that the broad definition of what it means to “traffic” in confiscated property potentially encompasses a wide range of conduct for which a plaintiff could be entitled to substantial damages.  This, it says, presents a novel — and potentially significant — US legal risk to many foreign companies, even if they do not directly do business in or with Cuba.  The article notes that, in addition to some of the challenges mentioned in the article in using the provisions, certain countries, like Canada and Mexico, as well as the EU, have enacted so-called blocking statutes barring compliance with US sanctions on Cuba.

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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