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Claims Now Allowed by US Nationals Against Persons Trafficking in Properties Confiscated by the Cuban Government
May 8, 2019
In a change of long-standing policy, the Trump Administration has decided to allow lawsuits to proceed in the U.S. Courts against persons that have knowingly “trafficked” in property (real, personal or intellectual) confiscated by the Cuban regime on or after January 1, 1959 from any U.S. citizen or from a person who has since become a U.S. citizen.
Title III of the Helms-Burton Act which codifies the U.S embargo against Communist Cuba (The “LIBERTAD Act”) broadly defines “trafficking” and allows for recovery of the greater of the value of the property at time of confiscation plus interest, or its current value, from anyone so trafficking.