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On March 19, 2019, a never-before-used Cuban embargo measure went into effect that makes it possible for U.S. claimants to sue the Cuban government in U.S. courts for confiscated Cuban property. The measures could be further expanded on April 17, 2019, to permit lawsuits against non-Cuban entities operating in Cuba.

Since its enactment, Title III of the 1996 Cuban Liberty and Democratic Solidarity (LIBERTAD) Act has threatened to be a potent weapon against entities that do business in Cuba by providing U.S. nationals with a private right of action in U.S. federal courts against entities that “traffic in property which was confiscated by the Cuban Government on or after January 1, 1959.” Of course, the United States has never implemented that private right of action because every president since Bill Clinton has postponed the enactment of Title III for consecutive six-month periods, in part because many foreign governments objected to the idea that non-U.S. companies could be sued in U.S. federal court because of their commercial dealings with Cuba.

Therefore, it was a surprise on March 4, 2019, when U.S. Secretary of State Pompeo announced a partial exception to decades-long waivers of Title III of the 1996 Cuban Liberty and Democratic Solidarity (LIBERTAD) Act. The exception is effective beginning March 19, 2019, and provides a cause of action for certain U.S. nationals against Cuban entities and sub-entities (but only those listed on the State Department’s Cuba Restricted List (CRL) (see Department of State Nov. 14, 2018, press release here) that “traffic in property which was confiscated by the Cuban Government on or after January 1, 1959.”

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Photo of Nicole Y. Silver Nicole Y. Silver

Nicole Silver focuses her practice on international litigation and dispute resolution. She advises Sovereign States and private clients in international arbitration proceedings, including arbitrations before the International Centre for Settlement of Investment Disputes (ICSID) and the Permanent Court of Arbitration (PCA) under the

Nicole Silver focuses her practice on international litigation and dispute resolution. She advises Sovereign States and private clients in international arbitration proceedings, including arbitrations before the International Centre for Settlement of Investment Disputes (ICSID) and the Permanent Court of Arbitration (PCA) under the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules, in a wide array of sectors, including energy, infrastructure, telecommunications, and the environment. Nicole also represents clients in complex civil litigation, including products liability litigation and white collar criminal defense. Her experience includes preparing motions for the U.S. District Court for the Southern District of New York, the U.S. Court of Appeals for the Second Circuit, and the Supreme Court of the United States.

Photo of Kara M. Bombach Kara M. Bombach

Kara Bombach assists companies and organizations to lawfully export goods, technology and services around the globe. She places emphasis on helping clients achieve practical, workable solutions to complex regulatory situations arising under anti-corruption and anti-bribery measures (U.S. Foreign Corrupt Practices Act (FCPA) and

Kara Bombach assists companies and organizations to lawfully export goods, technology and services around the globe. She places emphasis on helping clients achieve practical, workable solutions to complex regulatory situations arising under anti-corruption and anti-bribery measures (U.S. Foreign Corrupt Practices Act (FCPA) and OECD Convention), export control laws (EAR and ITAR), anti-boycott laws, and special sanctions (embargoes) maintained by the U.S. government (OFAC and other agencies) against various countries (including Iran, Cuba and Russia), entities and individuals. In cases of foreign investment in the United States, Kara advises on the Exon-Florio provisions relating to U.S. national security concerns. She represents companies before the Committee on Foreign Investment in the United States (CFIUS), and also assists clients in mitigating foreign ownership, control or influence (FOCI) as may be required by CFIUS or U.S. national industrial security regulations.

Kara regularly represents clients in matters before U.S. government agencies, including the U.S. Departments of Commerce, State, Treasury and Defense. Kara has significant experience representing individuals and entities before OFAC in delisting matters and challenges to OFAC sanctions designations.

She advises national and multi-national companies (including Fortune® 5) on best practices in the development and delivery of compliance policies and procedures, training, and risk assessments, as well as executing cross-border export, sanctions and anti-corruption due diligence in mergers and acquisitions, targeted internal risk assessments, and compliance investigations.

Kara also counsels international not-for-profit and relief/aid organizations on best practices in economic sanctions, trade, and anti-corruption compliance issues that arise in their global operations, frequently in challenging and austere environments. She has provided legal services to organizations such as Save the Children (US), ONE Campaign, Mercy Corps, the International Committee of the Red Cross, Not on Our Watch/The Sentry, and The Enough Project.

Photo of Yosbel A. Ibarra Yosbel A. Ibarra

Yosbel represents clients on international corporate transactions, including multinational corporations and prominent Latin American investors on their investments, acquisitions, divestitures, and joint ventures throughout Latin America and the U.S. He also advises Latin American family offices on governance and other corporate matters.

Fluent

Yosbel represents clients on international corporate transactions, including multinational corporations and prominent Latin American investors on their investments, acquisitions, divestitures, and joint ventures throughout Latin America and the U.S. He also advises Latin American family offices on governance and other corporate matters.

Fluent in Spanish and admitted to practice in both New York and Florida, he has been recognized by leading publications, including Chambers and Partners and The M&A Advisor, for his more than 20 years of experience representing clients on cross-border matters.

He currently serves as Co-Managing Shareholder of Greenberg Traurig’s Miami office and previously served as Co-Chair of the firm’s Latin America Practice.