Q: When was the LIBERTAD Act enacted into law?
A: The LIBERTAD Act was enacted into law on March 12, 1996.
Q: What was the “effective date” of Title III of the LIBERTAD Act?
A: Per section 306(a) of the LIBERTAD Act, the effective date of Title III was August 1, 1996. This date was never suspended.
Q: What was suspended?
A: Under section 306(c) of the LIBERTAD Act, successive Presidents and Secretaries of State had suspended the right to bring an action under Title III with respect to confiscated property since the August 1, 1996 effective date of the Title. However, the 30-day suspension of Title III announced March 4, 2019, was different than all prior suspensions because it excepted the right to bring an action against Cuban entities or subentities on the Cuba Restricted List. The two-week suspension announced April 3, 2019, continued this suspension and exception through May 1, 2019. On April 17, 2019, Secretary Pompeo announced he would no longer suspend the right to bring an action under Title III effective May 2, 2019.
Q: When did the suspension end?
A: Beginning May 2, 2019, no suspension is in effect.
Q: Who should I contact to determine whether I am eligible to bring suit under Title III? Who should I contact if I believe I may be trafficking or be accused of trafficking?
A: The Department recommends potential plaintiffs and defendants seek legal counsel.
Q. Where can I find the “concise summary” of Title III referenced in section 302(a)(8) of the LIBERTAD Act?
A: On May 17, 1996, the Attorney General published a summary of the provisions of Title III in the Federal Register, available here.
Q: I have further questions for the Department of State regarding the LIBERTAD Act. Who should I contact?
A: Claimants can contact the Department at CubaQuestions@state.gov questions regarding the LIBERTAD Act.
Q: Does Title III affect claims against Cuba that have been certified by the Foreign Claims Settlement Commission?
A: If you hold a claim against Cuba certified by the Foreign Claims Settlement Commission (FCSC), that certified claim remains outstanding. It is not replaced or voided by Title III. It is possible that you may now be able to pursue an action in U.S. courts under Title III against a person who is trafficking in the confiscated property to which you hold a claim. To determine whether this is an option available to you, the Department recommends that you seek legal counsel.
Q: Where can I find information on claims against Cuba that were submitted to the Foreign Claims Settlement Commission?
A: Information on the FCSC’s Cuba Claims Programs may be found here.