Although AB InBev’s operations in Cuba are quantitatively immaterial, its overall business reputation may suffer or it may face additional regulatory scrutiny as a result of Cuba being a target of U.S. economic and trade sanctions. If investors decide to liquidate or otherwise divest their investments in companies that have operations of any magnitude in Cuba, the market in and value of AB InBev’s securities could be adversely impacted. In addition, Title III of U.S. legislation known as the “$Helms-Burton Act” authorizes private lawsuits for damages against anyone who traffics in property confiscated without compensation by the Government of Cuba from persons who at the time were, or have since become, nationals of the United States. Although this section of the $Helms-Burton Act has been suspended by discretionary presidential action since its inception in 1996, on 2 May 2019, the Trump Administration activated Title III of the $Helms-Burton Act, thereby allowing nationals of the United States that hold claims under the $Helms-Burton Act to file suit in U.S. federal court against all persons trafficking in property confiscated by the Cuban government.
As a result of the activation of Title III of the $Helms-Burton Act, AB InBev may be subject to potential U.S. litigation exposure beginning 2 May 2019, including claims accrued during the prior suspension of Title III of the $Helms-Burton Act. Given the unprecedented activation of Title III of the $Helms-Burton Act, there is substantial uncertainty as to how the statute will be interpreted by U.S. courts. AB InBev has received notice of a claim purporting to be made under the Helms-Burton Act. It remains unclear how the activation of Title III of the $Helms-Burton Act will impact AB InBev’s U.S. litigation exposure with respect to this notice of claim.
According to the evidence of record, FRANCISCO owned sugar mills at Elia and Francisco and with its two Cuban subsidiaries owned 3,025.835 caballerias of land, an alcohol distillery and yeast plant, approximately 177 miles of railroad track with the necessary rolling stock, warehouses, airfields, and complete facilities for operating the mills at the towns of Francisco and Elia. Land was also owned by FRANCISCO at the port of Guayabal where the other Cuban subsidiary operated under a concession from the Cuban Government, having dredged the port to a depth of 33 feet and erected a pier, warehouses and tanks for carrying out its shipping operations.