Another Two Week Suspension of Title III of the Helms Burton Act

On April 3, the U.S. Department of State stated, “Today, Secretary of State Michael R. Pompeo announced his decision to continue for two weeks, from April 18 through May 1, 2019, the current suspension with an exception of the right to bring an action under Title III of the 1996 Cuban Liberty and Democratic Solidarity (LIBERTAD) Act. The current suspension expires April 17.” The statement also noted that the  Suspension does not apply to: the “right to bring an action against a Cuban entity or sub-entity identified by name on the State Department’s List of Restricted Entities and Sub-entities Associated with Cuba (known as the Cuba Restricted List), as may be updated from time to time.“ [1]

The Department’s statement added, “The Department continues to examine human rights conditions in Cuba, including ongoing repression of the rights of the Cuban people to free speech, free expression and free assembly. The Department is also monitoring Cuba’s continued military, security, and intelligence support to Nicolas Maduro, who is responsible for repression, violence, and a man-made humanitarian crisis in Venezuela.” Therefore, “We encourage any person doing business in Cuba to reconsider whether they are trafficking in confiscated property and abetting the Cuban dictatorship.”

Comments at U.S. Reception Honoring NATO

Perhaps this U.S. statement was made at this time because the U.S. was hosting a celebration of NATO’s 70th anniversary with representatives of other NATO members, many of whom object to the prospect of U.S. litigation against foreign firms for using Cuban property formerly owned by U.S. nationals. [2]

One prominent spokesman of such objections was Spain’s Foreign Minister Joseph Borrell, who said his country “has told the U.S. administration that Spain is concerned about Washington’s potential decision to allow U.S. citizens to sue foreign firms doing business in Cuba.” The Spanish message included “its firm rejection, as a matter of principle, to the extraterritorial application of national sanction laws, considering it contrary to international law,” This was the Foreign Minister’s message on April 1 to U.S. Secretary of State Mike Pompeo and on April 3 to U.S. National Security Advisor John Bolton.[3]

Canadian Foreign Minister Cryslia Freeland also met with Secretary Pompeo on this occasion and told him that “the Government of Canada will defend the interests of Canadians conducting legitimate trade and investment with Cuba, if the United States enforces Title III of the Helms-Burton Act.” [4]

 Cuba’s Reactions [5]

After the announcement of the new two-week suspension, Cuba Foreign Minister Bruno Rodriguez issued the following two tweets:

  • The first said (per Google Translate), “I reject the announcement of . . . [Secretary Pompeo] about #HelmsBurton law, an aberration that should never have existed. [It] violates International Law, damages all #Cuba, each family. 191 countries claim to be eliminated in its entirety. US aggression against #Venezuela must cease without further pretexts.” ·
  • The second (again per Google Translate) said the following: “The Helms-Burton Act is not applicable in #Cuba or against Cubans or foreigners. It’s “Monroeist” [Monroe Doctrine] domination purpose arouses the overwhelming rejection of the international community. The new measures are isolating the #US even more. They will fail to achieve their goals.”

Cuba’s President, Miguel Díaz=Canel, also tweeted on this development. He said (per Google Translate): “We reject the #EEUU announcement on #HelmsBurton law. They persist in the threats, with arrogance they pose a genocidal law that violates International Law, condemns #Cuba and Cuban families. 191 countries demand [in U.N. General Assembly] that it be eliminated in its entirety. #SomosCuba”

========================================

[1] State Dep’t, Secretary Pompeo Extends for Two Weeks Title III Suspension with an Exception (LIBERTAD Act) (April 3, 2019).

[2] State Dep’t, Remarks at the Reception to Celebrate NATO’s 70th Anniversary (April 3, 2019); State Dep’t, Briefing on the Upcoming NATO Ministerial (April 2, 2019).

[3] Reuters, Spain Rejects Possible U.S. Lawsuits Against Foreign Firms in Cuba, N.Y. Times (April 3, 2019); Guimōn,  The US repeals and prolongs the suspension of a law that would toughen the embargo on Cuba, El Paīs (April 3, 2019).

[4] Gomez,  Canada will defend its investments in Cuba if the United States applies title III of Helms-Burton, CubaDebate (April 4, 2019); Readout of Foreign Affairs Minister’s meeting with U.S. Secretary of State, Global Affairs Canada (April 4, 2019).

[5] Havana rejects the new partial suspension of the Helms-Burton, DiariodeCuba (April 4, 2019).

 

 

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dwkcommentaries

As a retired lawyer and adjunct law professor, Duane W. Krohnke has developed strong interests in U.S. and international law, politics and history. He also is a Christian and an active member of Minneapolis’ Westminster Presbyterian Church. His blog draws from these and other interests. He delights in the writing freedom of blogging that does not follow a preordained logical structure. The ex post facto logical organization of the posts and comments is set forth in the continually being revised “List of Posts and Comments–Topical” in the Pages section on the right side of the blog.

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