On May 2, the Trump Administration ceased waiving Title III of the Helms-Burton Act, thus allowing US individuals and companies to file lawsuits against companies that are operating in Cuba and “trafficking” in (meaning, using or profiting from) property in Cuba which was confiscated from them by the government of Cuba. (For additional details, read our earlier publication.) The new policy puts the US, the EU, Canada, Mexico and other companies active in Cuba in a precarious position. Four lawsuits have already been filed against companies that allegedly “traffick” in property nationalized following the Cuban Revolution.
How We Can Help
For years, we have advised companies both inside and outside the US on the US embargo of Cuba, including the provisions of Titles III and IV of Helms-Burton. We have also advised non-US companies in connection with the US sanctions risks of pursuing investment opportunities in Cuba.
Title IV of Helms-Burton requires that the US government deny visas to owners and executives (and their family members) of companies that “traffick” in property in Cuba, on which a claim is held by a US person. We are among the few law firms that have represented non-US companies under State Department investigation for alleged “trafficking” in confiscated property. Our client was the subject of several separate State Department investigations relating to several separate properties in Cuba. No visa denials were ever issued.
Continue reading for our representative experience. Our multifaceted team with in-depth litigation, financial services, international trade and public policy expertise stands ready to answer any question that you may have.