Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996, 22 U.S.C. §§ 6021-6091 (a.k.a. the “Helms-Burton” Act) [Selected provisions]

Date issued: Mar. 12 1996

TURBOFAC Commentary (262 words)

Notes:

OFAC cites the following statutory authorities as the basis for the CACR, initially issued in 1963 pursuant to TWEA.

*Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA), 22 U.S.C. §§ 7201-7211
*Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 18 U.S.C. § 2332d
*Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996, 22 U.S.C. §§ 6021-6091
*Cuban Democracy Act of 1992 (CDA), 22 U.S.C. §§ 6001-6010
*Sections 5 and 16 of the Trading With the Enemy Act (TWEA), 50 U.S.C. App. §§ 5, 16
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The Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996, also referred to as the "Helms-Burton" Act," impacts the current constitution of the CACR in the following ways:

1) The "[c]odification of [the] economic embargo" provision appears to have been interpreted by OFAC such that none of the 200-level prohibitions can be altered, but that, apart from that, the "codification" provision places no inherent limit on what may be generally licensed. Hence the extreme imbalance between the seeming restrictiveness of the 200-level prohibitions of the CACR in comparison to the permissions of the 500-level general licenses.

2) The Libertad Act mandates the current 515.208 of the CACR (Restrictions on loans, credits and other financing), and explains why the CACR is written such that no licenses relax the restrictions of that provision.

3) For comments on the practical considerations related to the enforcement of the so-called "secondary sanctions" provisions of the statute, see Note on Enforcement of Titles III and IV of the Helms-Burton Act (or "LIBERTAD Act") (System Ed. Note).