The causes, promoted by Exxon Mobil and Havana Docks Corporation, could open the door to new claims against the Cuban regime under the Helms-Burton law.
Madrid, Spain.- The United States Supreme Court He agreed to review two cases that could set a judicial precedent in claims for confiscated goods in Cuba after the arrival of Fidel Castro. The demands, presented by Exxon Mobil Corporation and Havana Docks Corporation, are supported by Title III of the Helms-Burton Law, which allows US citizens and companies to claim compensation for property expropriated by the Cuban regime without compensation.
The first case faces Exxon Mobil with the state companies CUPET (Cuba oil) and Cimex, to which the oil company accuses of benefiting of assets that were confiscated in the late 50s, including the “Ñico López” refinery and more than a hundred service stations. Exxon seeks compensation for estimated damage to about 72 million dollars, a figure that with accumulated interests could be raised to billions.
The second case was presented by Havana Docks Corporation, original owner of the docks of the port of Havana, nationalized after the revolution. The company demands several cruise companies – among them Carnival Corporation, Royal Caribbean, Norwegian Cruise Line and MSC Cruises – for having used these facilities between 2015 and 2019 without authorization or compensation. The shipping companies argue that the original contract with Havana Docks expired in 2004, so they deny having incurred any violation.
The US Department of Justice. For their part, Cuban Entities Cimex and Cupet warned that an adverse failure could have “global implications” and sit a precedent with diplomatic and economic consequences.
Helms-Burton lawapproved in 1996, had remained inactive for more than two decades due to consecutive presidential suspensions, until Donald Trump raised those restrictions in 2019, the same year in which the current demands were presented. Since then, several American companies have started similar processes, although few have come so far in the judicial system.
According to US government figures, more than 5,900 people and companies have certified claims against the Cuban State for a value exceeding 1.9 billion dollars, not counting interest. The decision adopted by the Supreme Court could reactivate many of these demands and redefine the scope of Washington’s policy towards Havana in matters of property rights and historical compensation.
