Not Yet Sued, World's Second-Largest Shipping Company Received Letter, Then Ceased Cuba Operations. Libertad Act As Tool Of Deterrence Worked. Biden Administration Negotiations With Cuba Preferred.
/“promptly instructed…”
”promptly cease…”
The Trump Administration on 2 May 2019 made operational Title III of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”). Title III authorizes lawsuits in United States District Courts against companies and individuals who are using a certified claim or non-certified claim where the owner of the certified claim or non-certified claim has not received compensation from the Republic of Cuba or from a third-party who is using (“trafficking”) the asset.
Thus far forty-two (42) lawsuits have been filed (15 certified claimants & 27 non-certified claimants). Ten (10) defendants have headquarters within members of the twenty-seven (27) member European Union (EU). LINK To Libertad Act Title III Lawsuit Filing Statistics
Switzerland is not a member of the EU and does not use the Euro as its currency, but participates in the Schengen Area (“an area within which citizens, many non-EU nationals, business people and tourists can freely circulate without being subjected to border checks.”) and works closely with EU members and Brussels, Belgium-based European Commission (EC).
Geneva, Switzerland-based Mediterranean Shipping Company S.A. (MSC); 2020 revenue approximately US$22 billion) is the second-largest shipping company in the world (a subsidiary, Geneva, Switzerland-based MSC Cruises is a defendant in a Libertad Act lawsuit).
Gibson, Dunn & Crutcher LLP
New York, New York
To
Berliner Corcoran & Rowe LLP
Washington DC
Excerpts (30 June 2021):
“Upon receipt of the Notices, MSC SA promptly instructed that all services offered in relation to the alleged Confiscated Property (as defined in the Notices) must cease with immediate effect. Thus, to the extent any MSC entity has engaged in any alleged trafficking as defined under the Helms-Burton Act (which we strongly dispute), such trafficking even under the broadest possible meaning has terminated. If Claimants still intend to pursue their claims against MSC and to the extent Claimants have any viable uncertified claims (which they do not), MSC will not be liable to the Claimants for treble damages. See 22 U.S.C. § 6082(a)(2)(B).” Emphasis Added
“Accordingly, your unwarranted threats induced MSC to promptly cease any commercial activities in connection with the alleged Confiscated Property and thus your clients are liable for any and all proximate and consequential damages arising from such termination with immediate effect.” Emphasis Added
LINK To Letter Text (Page 99-102)
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL relating to Article 7(a) of Council Regulation (EC) No 2271/96 (‘Blocking Statute’) (3 September 2021)
3.5. Reluctance to invest, or to engage in business in countries targeted by the listed extra-territorial laws
EU persons and companies also notified the Commission of their reluctance to invest in countries targeted by the listed extra-territorial laws. Anticipating possible adverse effects, they were deterred from pursuing legitimate and lawful business in Cuba and Iran. EU persons and companies informing the Commission or their national competent authorities also sought reassurances and support before making an investment decision. While the Commission has received only a limited number of notifications on these grounds, its assessment is that many more EU persons and companies may share the same concern. The Commission closely monitors all notifications and encourages EU persons and companies to contact its services23 to notify them of the adverse effects of the listed extra-territorial laws.
ODETTE BLANCO DE FERNANDEZ née BLANCO ROSELL; EMMA RUTH BLANCO, in her personal capacity, and as Personal Representative of the ESTATE OF ALFREDO BLANCO ROSELL, JR; HEBE BLANCO MIYARES, in her personal capacity, and as Personal Representative of the ESTATE OF BYRON BLANCO ROSELL; SERGIO BLANCO DE LA TORRE, in his personal capacity, and as Administrator Ad Litem of the ESTATE OF ENRIQUE BLANCO ROSELL; EDUARDO BLANCO DE LA TORRE, as Administrator Ad Litem of the ESTATE OF FLORENTINO BLANCO ROSELL; LIANA MARIA BLANCO; SUSANNAH VALENTINA BLANCO; LYDIA BLANCO BONAFONTE; JACQUELINE M. DELGADO; BYRON BLANCO, JR.; MAGDELENA BLANCO MONTOTO; FLORENTINO BLANCO DE LA TORRE; JOSEPH E. BUSHMAN; CARLOS BLANCO DE LA TORRE; and GUILLERMO BLANCO DE LA TORRE; Plaintiffs, v. MSC MEDITERRANEAN SHIPPING COMPANY SA. [1:21-cv-23400; Florida Southern District].
Horr, Novak & Skipp, P.A. (plaintiff)
Law Offices Of John S. Gaebe P.A. (Plaintiff)
Berliner Corcoran & Rowe LLP (plaintiff)
Fields PLLC (plaintiff)
HAVANA DOCKS CORPORATION V. MSC CRUISES SA CO, AND MSC CRUISES (USA) INC. [1:19-cv-23588; Southern Florida District]
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Venable (defendant)
LINK To Libertad Act Title III Lawsuit Filing Statistics
LINK To President Biden: A Special Presidential Representative For Cuba Negotiations- With Or Without An Ambassador January 31, 2021
