Georgetown: The Guyana Cuba Solidarity Movement (GCSM) has stamped its rejection of the application of Title III of the Helms-Burton Act, and reaffirms its commitment to legally protecting companies that operate in Cuba.
Title III of the Helms-Burton Act allows for lawsuits to be filed in U.S. courts against companies operating on property that the Cuban government seized after the year 1959.
Khan explained that on April 17, 2019, the United States made the historic decision to cease suspension of Title III of the Cuba Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (commonly called the “Helms-Burton Act”).
The GCSM President explained that the Title III is the portion of the Helms-Burton Act which allows parties whose property was confiscated by the Cuban Government in 1959 to sue in U.S. courts companies and individuals who “traffic” in the property in question.
He said the Act contains a broad definition of “traffic” and encompasses anyone who derives an economic benefit from confiscated property. Since 1996, each successive U.S. President has suspended this section of the Helms-Burton Act, making the decision to “cease suspension” particularly significant.
“The Helms-Burton Act is extra-territorial in nature. It aims to prevent individuals and companies from engaging in international trade with Cuba by subjecting foreign nationals to travel restrictions and financial liabilities in the United States,” Khan explained
He continued: “Title III of Helms-Burton Act creates a private cause of action that allows Americans to sue anyone who, as of November 1, 1996, “traffics” or has “trafficked” in property confiscated from U.S. nationals by the Cuban State. The Act categorizes potential plaintiffs into two groups of property claimants: (i) “certified” claimants, or persons who were U.S. nationals at the time of expropriation; and (ii) “non-certified” claimants, or persons who were Cuban nationals at the time of expropriation but later became U.S. nationals.”
Khan noted that the activation of Title III creates significant legal exposure for international companies now operating in Cuba.
When the suspension of Title III ended on May 2, 2019, he said companies that are currently “trafficking” or who have “trafficked” in the past two years could face immediate claims under the Helms-Burton Act –claims coming from private individuals and companies.
Meanwhile Khan said all Cubans in Guyana wishing to deal with migration matter can continue to do so as Cuba’s Consul Ricardo Lamas Camejo will be filling in for Ambassador Narciso Reinaldo Amador Socorro who will be on leave.
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