May 6, 2019

10 Things to Know: US Allows Lawsuits Relating to “Trafficking” in Confiscated Property in Cuba

Elizabeth Annis, Les Carnegie, Charles Claypoole, Annie E. S. Froehlich, Andrew Galdes, Sarah Gragert, William McGlone, Robert Price, Bridget Reineking, Robert Sims, Eric Volkman

Latham & Watkins LLP

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Trump Administration breaks with precedent to allow US plaintiffs to bring “trafficking” suits under Title III of the Helms-Burton Act.

Title III of the Helms-Burton Act (the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996) (the Act) allows US citizens to sue persons who “traffic” in property expropriated by the Cuban government. Title III includes a waiver used by US Presidents since 1996 to suspend every six months this private right of action.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.