Skip to main content

Clifford Chance

Clifford Chance


First Lawsuits Filed Under the Helms-Burton Act for Trafficking in Seized Cuban Assets

15 May 2019

On April 17, 2019, the Trump Administration announced, in a break from the practice of three previous administrations, that it would no longer waive a provision of the "Helms-Burton Act" that allows US parties to sue non-US persons and entities for "trafficking" in property confiscated by the Cuban government under the Castro regime—and potentially receive treble damages. The definition of "trafficking" is extremely broad, and immediately after the suspension was lifted, on May 2, 2019, two suits were filed in federal court in Miami against Carnival Cruise Lines for using the services of two port facilities allegedly confiscated in 1960.

Download PDF