Cuban Immigrants in US Reject Helms-Burton Law
Wednesday, 23 January 2019
Washington - Members of the Martiana Alliance, which gathers Cuban emigration entities in the U.S. city of Miami, rejected Tuesday the Title III and the rest of the Helms-Burton law, the codifier of the blockade against Cuba.
That rule, they stated in a letter, is meddling, and violates the most essential rights of the Cuban people to sovereignty and self-determination and the decision of the United States Supreme Court on issues under that paragraph.
They affirmed the announcement, last January 16, of the State Department to suspend for only 45 days, instead of the usual six months, the application of Title III is an escalation in the intensification, even more cruelly, of the anti-Cuban blockade.
They reiterated that the blockade, which has lasted more than 55 years, constitutes a genocidal policy and 'affects the well-being and peace of our relatives in Cuba, of all the people, and their unquestionable right to live and develop in peace.
The alliance stated this title has been firmly and invariably rejected by the international community, especially the European Union countries and Canada, for its arrogant and illegal extraterritorial character.
Although the Helms-Burton Act, signed in 1996 by then-President William Clinton, is still causing great damage, it has not achieved its purpose of subverting the constitutional order and surrendering to the Cuban people through hunger, it said.
It also recalled that the U.S. Supreme Court established on March 13, 1964 that U.S. courts have no jurisdiction to meddle and determine cases related to the right of a state to expropriate property in its sovereign territory.
That High Court decision, quoted by the Alliance, determined that 'if there is no treaty or other agreement in force on the issue, the federal courts have no jurisdiction over a dispute concerning another country expropriating property in its own territory, even if it violates international law.
Cuba's enemies, when they drafted the Helms-Burton Act and its Title III, knew perfectly well what was established on these issues, but it did not care and does not continue to care, criticized the alliance.
This title evidences the extraterritorial character of the blockade, since it would allow U.S. nationals to take to court anyone who 'traffics' in 'U.S. property' in Cuba.
Washington through this mechanism assumes the right to file a lawsuit against those investors from third countries who invest in Cuba in nationalized properties.
According to the law, 'North American property' is considered to be those nationalized in Cuba after January 1, 1959, when the Cuban Revolution triumphed, and is defined as 'trafficking' in the purchase, reception, use or subsequent investment in those possessions.
The application of Title III has been suspended by all U.S. administrations since its approval, given the damages that its implementation would imply, not only for Cuba, but for the United States and its allies such as the European Union.
But while the extensions of that suspension were always made every six months, the Secretary of State, Mike Pompeo, decided that now it will only be for that reduced period of 45 days.