{"id":6016,"date":"2022-03-15T17:10:44","date_gmt":"2022-03-15T17:10:44","guid":{"rendered":"https:\/\/www.cubasupport.ie\/latest\/?p=6016"},"modified":"2022-03-20T21:23:21","modified_gmt":"2022-03-20T21:23:21","slug":"how-does-the-helms-burton-act-affect-cuba","status":"publish","type":"post","link":"https:\/\/www.cubasupport.ie\/latest\/how-does-the-helms-burton-act-affect-cuba\/","title":{"rendered":"How Does the Helms-Burton Act Affect Cuba?"},"content":{"rendered":"\n
\"\"<\/figure>\n\n\n\n

The ability of the Cuban people to overcome the longest economic, financial and commercial siege in history is proof of the firmness and perseverance to fight against a legal instrument that provides for pressure actions harmful to the sovereignty of Cuba and third countries.<\/p>\n\n\n\n

In this framework, the Helms-Burton Act has the sole purpose of asphyxiating the Cuban economy and \u201cincreasing the shortages of the population\u201d, seeking to perpetuate the climate of hostility between Cuba and the United States.<\/p>\n\n\n\n

This regulation, created in 1996 and signed by the then President of the United States, William Clinton, reinforces the blockade imposed by the U.S. governments since 1962.<\/p>\n\n\n\n

Officially named Cuban Liberty and Democratic Solidarity Act \u201cimposes sanctions on directors of foreign companies that carry out transactions with U.S. properties nationalized in Cuba and the possibility of lawsuits in U.S. courts\u201d, this is reflected in the report on the affectations of the Blockade on Cuba for the year 2019, published by the Ministry of Foreign Affairs.<\/p>\n\n\n\n

Although it establishes that the U.S. president retains his powers to authorize transactions with Cuba through the issuance of licenses, it limits his prerogatives to suspend the blockade only Congress can do that.<\/p>\n\n\n\n

Application of the Helms-Burton Act<\/p>\n\n\n\n

On May 2, 2020, Title III and IV of the Helms-Burton Act, the activation of which had been suspended since 1996, entered into force.<\/p>\n\n\n\n

Title III refers to the \u201cprotection of the property rights of U.S. nationals\u201d. It establishes in its precepts that \u201cthe Cuban Government is offering foreign investors the opportunity to acquire an equity interest in joint ventures, manage or incorporate such ventures using property and securities that were in part confiscated from U.S. nationals\u201d.<\/p>\n\n\n\n

Under this provision, the U.S. Government believes it has the authority to \u201crestore democratic institutions in Cuba through the pressure of a general economic embargo and to protect the claims of U.S. nationals who had property wrongfully confiscated by the Cuban Government\u201d.<\/p>\n\n\n\n

Title IV of the Helms Burton Act also prohibits entry into U.S. territory of persons sued under Title III.<\/p>\n\n\n\n

Some established claims<\/p>\n\n\n\n

According to the Report presented by Cuba at the United Nations, several are the people who, in correspondence with the entry into force of Title III, established lawsuits to judicial bodies:<\/p>\n\n\n\n

On May 2, 2019, Havana Docks Corporation filed a lawsuit against Carnival Cruise Line before the Court for the Southern District of Florida (Miami), alleging \u201ctrafficking\u201d with the Havana Cruise Terminal.<\/p>\n\n\n\n

On May 2, 2019, the U.S. company ExxonMobil filed a lawsuit against the Cuban entities CUPET and CIMEX before the District Court for the District of Columbia.<\/p>\n\n\n\n

On June 18, 2019, a lawsuit for damages through a \u201cclass action\u201d by Marisela Mata and Bibiana Hernandez against the German Hotel Group Trivago was filed before the Federal Court for the Southern District of Florida.<\/p>\n\n\n\n

On June 24, 2019, four lawsuits were filed before the Federal Court for the Southern District of Florida under Title III of the Helms-Burton Act where the plaintiffs claimed to be the original owners of Cayo Coco and Varadero.<\/p>\n\n\n\n

Effects of the blockade on the people of Cuba<\/p>\n\n\n\n

The health and food sectors have been the most affected by these years of blockade, however, in spite of the maneuvers aimed at promoting hunger and disease among the Cuban people, the island continues to achieve impressive results in the social sphere.<\/p>\n\n\n\n

Some of the effects are due to the hindrance in the acquisition of technologies, raw materials, reagents, diagnostic means, equipment and spare parts, as well as medicines for the treatment of serious diseases.<\/p>\n\n\n\n

\u201cIn spite of the efforts made by the State, the quality of educational services has been affected due to the regulations imposed by the economic, commercial and financial blockade of the U.S. government,\u201d the Report states.<\/p>\n\n\n\n

During 2019, the damages caused by the blockade in the production and services sectors were quantified at 79 million dollars, which represents an increase of 28 percent in relation to the previous period.<\/p>\n\n\n\n

An absurd law<\/p>\n\n\n\n

The president of the Republic of Cuba, Miguel D\u00edaz-Canel Berm\u00fadez, said that the \u201cU.S. government seeks to justify its aggressive acts against Cuba, Latin America and the world with absurd laws such as the Helms-Burton Act\u201d.<\/p>\n\n\n\n

Likewise, he said in his Twitter account that \u201cthe United States insults sovereign nations by summoning them to be accomplices of its imperial policy. Today they are going against Venezuela, Nicaragua, Cuba, like yesterday against Iraq, Libya, Syria. Who will be next?\u201d.<\/p>\n\n\n\n

Source: Telesur<\/a>, translation Resumen Latinoamericano \u2013 English<\/p>\n","protected":false},"excerpt":{"rendered":"

The ability of the Cuban people to overcome the longest economic, financial and commercial siege in history is proof of the firmness and perseverance to […]<\/a><\/p>\n","protected":false},"author":101011,"featured_media":6017,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[43],"tags":[],"class_list":["post-6016","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-featured"],"jetpack_publicize_connections":[],"jetpack-related-posts":[{"id":854,"url":"https:\/\/www.cubasupport.ie\/latest\/cuba-categorically-rejects-the-threat-of-activation-of-title-iii-of-the-helms-burton-act\/","url_meta":{"origin":6016,"position":0},"title":"Cuba categorically rejects the threat of activation of Title III of the Helms-Burton Act","author":"Editorial Team","date":"February 3, 2019","format":false,"excerpt":"On January 16, 2019, the United States State Department announced the decision to suspend for only 45 days the application of Title III of the Helms-Burton Act, \u201cto conduct a careful review\u2026 in light of the national interests of the United States and efforts to expedite a transition to democracy\u2026","rel":"","context":"In "Cuba"","block_context":{"text":"Cuba","link":"https:\/\/www.cubasupport.ie\/latest\/category\/cuba\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.cubasupport.ie\/latest\/wp-content\/uploads\/Trump-pointing-on-cuba.jpg?fit=600%2C390&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.cubasupport.ie\/latest\/wp-content\/uploads\/Trump-pointing-on-cuba.jpg?fit=600%2C390&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/www.cubasupport.ie\/latest\/wp-content\/uploads\/Trump-pointing-on-cuba.jpg?fit=600%2C390&ssl=1&resize=525%2C300 1.5x"},"classes":[]},{"id":892,"url":"https:\/\/www.cubasupport.ie\/latest\/cuban-foreign-ministry-denounces-escalating-u-s-hostility\/","url_meta":{"origin":6016,"position":1},"title":"Cuban Foreign Ministry denounces escalating U.S. hostility","author":"Editorial Team","date":"March 5, 2019","format":false,"excerpt":"The Ministry of Foreign Affairs rejects, in the strongest terms, the new escalation in aggressive U.S. behavior toward Cuba through the Helms-Burton Act The U.S. State Department announced today the decision to allow, as of March 19 this year, the filing of lawsuits before U.S. courts under Title III of\u2026","rel":"","context":"In "US Aggression"","block_context":{"text":"US Aggression","link":"https:\/\/www.cubasupport.ie\/latest\/category\/usa\/us-aggression\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.cubasupport.ie\/latest\/wp-content\/uploads\/helms-burton.jpg?fit=640%2C433&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.cubasupport.ie\/latest\/wp-content\/uploads\/helms-burton.jpg?fit=640%2C433&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/www.cubasupport.ie\/latest\/wp-content\/uploads\/helms-burton.jpg?fit=640%2C433&ssl=1&resize=525%2C300 1.5x"},"classes":[]},{"id":3052,"url":"https:\/\/www.cubasupport.ie\/latest\/the-president-has-the-constitutional-power-to-unilaterally-terminate-the-embargo-on-cuba\/","url_meta":{"origin":6016,"position":2},"title":"The president has the constitutional power to unilaterally terminate the embargo on Cuba","author":"Editorial Team","date":"November 1, 2020","format":false,"excerpt":"Introduction Although it took a while, it is now commonly acknowledged that a president has the authority to unilaterally modify the United States embargo on Cuba. 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