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Re: None

Thursday, 05/02/2019 8:31:58 AM

Thursday, May 02, 2019 8:31:58 AM

Post# of 1343
Title III could apply to any company that is profiting from the use of a confiscated property in Cuba. Such companies could face litigation and may have to compensate a U.S. individual or company that owned the property before confiscation. Compensation could include the fair market value of the property, among other things.

https://www.wsj.com/articles/companies-in-cuba-face-legal-risks-as-u-s-changes-stance-on-seized-property-11556789400

TITLE III--SEC. 302. LIABILITY FOR TRAFFICKING IN CONFISCATED PROPERTY CLAIMED BY UNITED STATES NATIONALS.

(a) Civil Remedy.-- (1) Liability for trafficking.--(A) Except as otherwise provided in this section, any person that, after the end of the 3-month period beginning on the effective date of this title, traffics in property which was confiscated by the Cuban Government on or after January 1, 1959, shall be liable to any United States national who owns the claim to such property for money damages in an amount equal to the sum of-- (i) the amount which is the greater of-- (I) the amount, if any, certified to the claimant by the Foreign Claims Settlement Commission under the International Claims Settlement Act of 1949, plus interest; (II) the amount determined under section 303(a)(2), plus interest; or (III) the fair market value of that property, calculated as being either the current value of the property, or the value of the property when confiscated plus interest, whichever is greater; and (ii) court costs and reasonable attorneys' fees. (B) Interest under subparagraph (A)(i) shall be at the rate set forth in section 1961 of title 28, United States Code, computed by the court from the date of confiscation of the property involved to the date on which the action is brought under this subsection.

FRAZ MNII ODP FCX CUBA