General Note on Enforcement of Titles III and IV of the Helms-Burton Act (or "LIBERTAD Act") (System Ed. Note)

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TURBOFAC Commentary (1059 words)

General Note on Enforcement of Titles III and IV of the Helms-Burton Act (or "LIBERTAD Act") (System Ed. Note)

1) BACKGROUND

Titles III and IV of the Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996, also the "Helms-Burton Act," contain provisions that have been characterized as "secondary sanctions" pertaining to Cuba, insofar as they attach consequences to transactions over which the U.S. does not have jurisdiction. Title III allows for lawsuits in the U.S. against foreign persons for "trafficking" in certain property confiscated by the Cuban Government at the time of the Cuban revolution, while Title IV allows for the suspension of visas for officers of companies that "traffic" in such property.

In 1997, as a result of a WTO case brought by the EU challenging legality of the extraterritorial provisions of the Libertad Act, the U.S. announced that it would formally...