Helms-Burton legislation
Helms-Burton legislation: The United States Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996. Its stated aims are “to seek international sanctions against the Government of Cuba headed by Fidel Castro” and “to plan for support of a transition government leading to a democratically elected government in Cuba”. The Act contains several economic provisions. Section 108 requires the President to submit to Congress an annual report detailing (1) a description of all bilateral assistance given to Cuba by all other foreign countries, (2) a description of Cuba's commerce with other countries, (3) a description of all joint ventures entered into by foreign nationals with Cuba, (4) a determination of whether the facilities described under (3) are subject of a claim by a United States national against Cuba, (5) a determination of Cuba's foreign debt, (6) a description of the steps taken to ensure that no Cuban goods enter the United States and (7) an identification of countries purchasing arms from Cuba. Section 110 prohibits the import into the United States of any merchandise wholly or partly made in Cuba or transported from or through Cuba. Title III contains the most contentious economic provisions. It deals with the protection of property rights of United States nationals and sets out in some detail the proposed remedies. The precepts of this Title are that (a) the Government of Cuba has confiscated the property of many United States nationals, (b) it is now making some of this property available to foreign investors, (c) this "trafficking" in property undermines the foreign policy of the United States, (d) the international judicial system lacks fully effective remedies for this type of problem, (e) international law recognizes that a law may be applied extraterritorially if it is intended to have effect substantially within its home territory, and (f) that United States nationals whose property was confiscated should be able to have recourse through the United States courts. Section 306 states that damages may be sought against anyone engaged in trafficking after 1 November 1996. See also effects doctrine and extraterritoriality.
Source: http://ctrc.sice.oas.org/trc/WTO/Documents/Dictionary%20of%20trade%20%20policy%20terms.pdf
Web site to visit: http://ctrc.sice.oas.org
Author of the text: W. Goode
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