Americans Can Now Sue Cuba’s Business Partners Over Seized Property

Americans who had their properties in Cuba seized are now able to sue companies that are doing business on their old properties.

Two American owners of since-confiscated property in Cuba have become the first to file lawsuits of this nature.

The legal action taken by these two individuals follows changes announced by the Trump Administration that permanently puts Title III of the Helms-Burton Act in effect. The terms of this law allow Americans and Cubans who became naturalized Americans to sue any company that is deemed to be “trafficking” in property seized by the Cuban government. This law has been in effect for a long time, but Title III (the one that allows these lawsuits to be filed) has been suspended by every previous US administration over concerns from US allies that do business in Cuba. The law does contain several exceptions, including the exemption of residential properties and properties valued at less than USD $50,000. Properties previously deemed legal under US law that are linked to travel to Cuba are also exempt.

The activation of Title III could plausibly trigger dozens or even hundreds of lawsuits regarding properties seized by the Cuban government and then leased or bought by European companies. It has also already created a trade divide with the US on one side, and the UK, France, and Spain on the other. Several Americans who previously owned property in Cuba which has since been seized have welcomed the move, citing that they consider these past seizures to be robberies, and that they deserve compensation and justice for the illegal use of land which they previously, legally owned.

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5 years ago
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