Morrison & Foerster counsel Michael V. Dobson discusses the Trump administration’s policy shift over a 1996 U.S. law on Cuba, which threatens to put European business interests at the heart of a geopolitical dispute in the Washington Post article entitled "Europe and the U.S. are at odds over Iran. Cuba may be next." A section of the Cuban Liberty and Democratic Solidarity (Libertad) Act allows Cuban Americans and other U.S. citizens to sue entities that use property confiscated by the Cuban government after the 1959 Cuban revolution. The administration decided it would only partially suspend Title III, allowing U.S. citizens and companies that lay claim to Cuban property to sue Cuban entities.
Dobson said, the Trump administration’s decision to break with precedent is “largely a function of who has access to the president. If it causes non-U.S. companies to second-guess their activities or add an additional risk premium to existing ventures or upcoming ventures — that seems part of a general pressure campaign aimed at what Ambassador Bolton called the ‘troika of tyranny,’ ” a reference to Cuba, Nicaragua and Venezuela.