2018 Email From the State Department re: Title IV of the Helms Burton Act

Ed. Note: if you’re new to TURBOFAC, please take note that the text string filtration function generally shouldn’t be used for terms such as “ordinarily resident,” “causing” or “new debt”. For research on the meaning of words and phrases such as those, i.e. terms central to the key legal issues in sanctions law that appear on a cross-programmatic basis, you’re typically better off locating and checking the appropriate box in the “Key Legal Issues” search category, which will limit the results to those that have been manually assessed as being relevant for the interpretation of the terms at issue.

Try typing your search term (“ordinarily resident,” “new debt,” or something else) in the “Find a Search Filter” box at the top of the page, and the corresponding “Key Legal Issues” check box will pop up instantly, if one exists. Once you check the box (e.g. “new debt,” with ~55 results), you can always use the text string filtration function to further refine your search (e.g. by typing “invoice” and narrowing the ~55 results to ~10).

Note in addition that the same applies to text string searches such as “14071” (if you’re looking for items related to EO 14071). By typing “14071” in the “Find a Search Filter” field up top, you will be able to instantly narrow the results down to items manually assessed as relating to EO 14071. Ditto terms such as “515.204” or “Iran General License G” (try the “Discrete Legal Provision” search category). Please contact [email protected] or [email protected] with any questions on search results and efficiency.

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TURBOFAC Commentary (547 words)

Notes:

1) The email correspondence is between the State Department component that deals with the Cuba-related "secondary sanctions" provisions of the Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996 and a U.S. person holder of a certified claim to “confiscated” property in the form of Cuban docks. That U.S. person, the Havana Docks Corporation, has sued Carnival Corporation [1] and Royal Caribbean Cruises [2] (and others) under Title III of the LIBERTAD (private right of action for money damages against any person who “traffics” in “confiscated” property as defined by 22 U.S.C. § 6023(13). See 22 U.S.C. § 6082).

Here, the State Department official informs a representative of the Havana Docks Corporation that for the purposes of Title IV of the LIBERTAD Act, which the State Department enforces, the State Department does not consider cruise ships that dock at a confiscated dock to be...

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2018 Email From the State Department re: Title IV of the Helms Burton Act

TURBOFAC Commentary (547 words)