The What’s-next Scenario for Helms–Burton Claimants—Daniel R. Zim, Attorney

In Cuba’s case, the primary concern for investors is the protection of investments from the extraterritoriality of U.S. legislation. Conditions for investment on the Island differ from other countries and are caused by two realities: sanctions and the activation of Helms-Burton Title III in 2019. These factors negatively impact foreign investment inflows, the economy, its people, and its access to markets. What began as a casual conversation with Cuban American attorney Daniel R. Zim on, what seemed like at the time, an explosion of Helms-Burton cases in the media, evolved into a full-fledged interview. This interview looks at those cases, the ‘what’s-next-scenario’ for claimants, and the European Union and Canadian blocking statutes. It also discusses delay tactics and the presidential power to suspend such lawsuits, as in the 1981 case of Dames & Moore vs. Regan. It was similar to the Helms-Burton proceedings, involving U.S. nationals’ property claims and debts owed by the Iranian government. The Reagan administration agreed with Iran to terminate the proceedings, nullify attachments against Iranian property entered by the courts to secure judgments against Iran, and transfer the claims to a new arbitration tribunal. The Reagan administration used executive order without Congress approval, arguing that the Executive Branch has plenary power in foreign policy.