On 11 June, Lawfare explained that Title III of the Act (only activated last year), allows US nationals to sue persons and entities that “traffic” in property confiscated by the Cuban government, with “traffic” being defined expansively to include not only engaging “in a commercial activity using or otherwise benefiting from confiscated property” but also profiting from any trafficking done by anyone else. In its first year since being activated 26 suits were filed against purported traffickers, a smaller number than many experts anticipated. The article now notes that a recent court decision held that plaintiffs may bring an action under Title III only if they acquired ownership of their claim to confiscated property in Cuba before 12 March 1996 (i.e. when the Act was passed). The court’s holding, if followed by other courts, could significantly reduce the number of Title III lawsuits.
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