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Re: None

Sunday, 02/26/2017 3:31:55 AM

Sunday, February 26, 2017 3:31:55 AM

Post# of 2188
Title III of the Libertad Act of 1996 may be weaponized to encourage the government of the Republic of Cuba to enter formal negotiations to compensate certified claimants.

There were 8,821 claims of which 5,913 awards have been certified by the United States Foreign Claims Settlement Commission (USFCSC- https://www.justice.gov/fcsc) at the United States Department of Justice which are valued at US$1,902,202,284.95.  Of these claims, thirty (30) United States-based companies hold 56.85% of the total value.  The USFCSC permitted interest to be accrued in the amount of 6% per annum; with the current value ranging from US$6 billion to US$9 billion.

During the next six months, or sooner, the Trump Administration will decide whether to implement this provision which enables individuals with assets expropriated by the government of the Republic of Cuba to bring lawsuits in United States Federal Courts. 

The Libertad Act requires the president to enable or suspend the provision every six months; and Presidents Clinton, Bush and Obama did so.  If not, lawsuits relating to expropriated property in the Republic of Cuba may commence.  The president may rescind the suspension at any time.

The Trump Administration may view creating uncertainty about Title III as an effective means of destabilizing the interests of companies in the United States and other countries toward the Republic of Cuba; and it would be successful.

For example, there are individuals who maintain they have Title III-actionable claims relating to Jose Marti International Airport (HAV) and port at Santiago de Cuba.  In the case of HAV, United States-based air carriers and those from other countries could find their assets attached if they do not avoid the Republic of Cuba.  In the case of the port at Santiago de Cuba, passenger cruise ships and cargo ships might avoid docking and unloading for fear of expensive and enduring legal proceedings.

The United States Department of State reported that the Obama Administration issued a suspension on 5 January 2017; this was not publicized.  The next six-month interval will be July/August 2017.

https://static1.squarespace.com/static/563a4585e4b00d0211e8dd7e/t/58b06fe9b8a79b613750fd25/1487957996651/TrumpAdministationCubaPolicyRegulatoryChanges.pdf

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