The Fight of Revolutionary
Cuba for Its Right to Be
Helms-Burton Lawsuit Dismissal Sets Precedent
Picket against the U.S. blockade of Cuba, Montreal, July 17, 2020.
In the United States, federal judge James Lawrence
King has dismissed a lawsuit, under Title III of the Helms-Burton Act,
against the cruise ship company Carnival for use of property in Cuba.
Javier Garcia-Bengochea, a Cuban-American in
Florida, holds a certified stake in the port at Santiago de Cuba used
by the cruise ship. The property was confiscated by the Cuban
government in 1960 following the Revolution. Garcia-Bengochea inherited
the property in 2000.
As part of its increased hostilities against Cuba,
the Trump administration ended the suspension of Title III of the Helms-Burton
Act in May of 2019. Title III allows U.S. nationals with
alleged claims to properties confiscated by the Cuban government to
seek compensation from companies operating on those properties, however
the Act states that for "property confiscated before March 12, 1996, a
United States national may not bring an action under this section on a
claim to the confiscated property unless such national acquires
ownership of the claim before March 12, 1996."
The decision is key for claims under the Helms-Burton
Act, as it sets a precedent for the immediate future.
Carnival faces a similar lawsuit for the use of facilities in the port
of Havana, still pending a decision by federal judge Beth Bloom in a
Miami court. Some 6,000 claims on property confiscated by the Cuban
government are estimated at a value of $2 billion, or as high as $8
billion with interest.
This article was published in
Volume 50 Number 29 - August 8, 2020
Article Link:
The Fight of Revolutionary
Cuba for Its Right to Be: Helms-Burton Lawsuit Dismissal Sets Precedent
Website: www.cpcml.ca
Email: editor@cpcml.ca
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