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Cuban Liberty and Democratic Solidarity Act
(Libertad) of 1996
On March 1, 1996, President Clinton signed the Cuban Liberty
and Solidarity Act, commonly known as the Libertad Act. The
Act primarily targets foreign individuals who traffic in property
confiscated by the Cuban government. Additional provisions
include:
Title I
Codifies the U.S. economic embargo against Cuba making it
applicable to U.S. citizens, including U.S. companies and
their foreign subsidiaries and affiliates. In practice, this
codification means the President must work with Congress to
change existing provisions of the embargo.
Title II
Sets forth U.S. policy towards a transition government and
a democratically elected government of Cuba.
Title III
Establishes the basis for U.S. nationals to sue foreign investors
in U.S. federal courts for damages arising from "trafficking"
in confiscated property that the Cuban government seized without
compensation on or after January 1, 1959. As part of the act,
the President has the authority to suspend implementation
of this section for six-month intervals. Since 1996, the President
has suspended the Title III right of action provisions every
six months and thus, no suits have been filed. There are,
however, many potential claimants poised to sue for damages
if the suspension expires.
Title IV
Denies entry into the United States to any aliens who have
trafficked in confiscated property of U.S. nationals. This
section of the act does not permit suspended implementation.
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