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Cruise operators get a refund from the US Supreme Court for confiscations of Cuban goods

Cruise operators facing combined judgements of $440 Million

The docks were confiscated by Castro's Cuba

By Jan Wolfe

WASHINGTON (May 21) - On Thursday, the U.S. Supreme Court delivered a "setback" to four American cruise companies that had contested $440,000,000 in combined judgments. They were accused of "unlawfully using docks that had been seized by Fidel Castro’s communist government in Cuba in 1959."

In an 8-1 decision, the justices overturned a lower court ruling that had thrown out judgments against Carnival Cruise Line, Norwegian Cruise Line Holdings, Royal Caribbean Cruises, and MSC Cruises. These companies were sued by the U.S. firm who built the port before the Cuban Revolution.

The company sued under the Helms-Burton Act of 1996, which allows U.S. citizens who own property in Cuba to sue any person who "traffics with property that was confiscated by Cuban government on or after 1 January 1959."

Havana Docks Corporation sued cruise lines for compensation under the Helms-Burton Act. The company built docks at Havana’s port in the early 20th Century.

Castro expropriated and nationalized property owned by U.S. firms, including Havana Docks. Havana Docks had been granted a 99-year concession by Cuban government in 1934 for the construction and operation of the piers of the Havana port.

Cuba has not paid compensation to Havana Docks but the Helms-Burton Act gives the company the opportunity to sue in U.S. courts for damages.

The Helms-Burton Act not only authorized lawsuits against Cuban governments and state-owned companies, but also international businesses such as U.S. Cruise lines who have done business in Cuba.

Both parties of U.S. Presidents suspended a crucial provision of the Helms-Burton Act. This meant that private lawsuits were not allowed to proceed. The suspension was lifted by President Donald Trump 'in 2019, during his first term, causing a new wave of litigation to be filed in U.S. courtrooms against Cuban state owned entities and some American companies accused of trafficking confiscated property.

Four cruise operators have used the docks between 2016 and 2019, after President Barack Obama eased travel restrictions to Cuba. In a court filing, they said that it was absurd to "pay hundreds of millions of dollar for following the executive's lead and reopening Cuba travel."

In 2022, a federal judge ruled that cruise lines were guilty of?trafficking' by docking their ships at the terminal. Each of the four cruise lines was fined more than $100,000,000.

The 11th U.S. Circuit Court of Appeals, based in Atlanta, threw out these judgments last year. Circuit Court of Appeals threw these judgments out last year. They focused on the fact the Havana Docks' concession?would have expire in 2004, long before cruise lines would use the facilities.

The 11th Circuit stated at the time that "when that concession expired in 2004 any property interests that?Havana Docks?had by virtue of?that concession?ended." The conduct of cruise lines between 2016 and 2019 does not constitute a trafficking of confiscated property from Havana Docks.

Havana Docks' litigation was not completely ended by the?11th Circuit decision, which threw out $440 million of combined judgments. Havana Docks may still have a claim against Carnival due to alleged conduct of that company prior to 2004.

The 11th Circuit decision is just one of many U.S. court decisions that have created obstacles for Helms-Burton Act claimsants. The majority of these cases were?dismissed on jurisdictional and procedural grounds.

In February, the Supreme Court heard arguments in this case. The Supreme Court heard arguments in the case in February.

The Supreme Court is yet to rule on the Exxon Case.

(source: Reuters)