Author: Raúl Antonio Capote
Law 80 protects foreign investments in Cuba and supports investors who may be harmed in the face of attempts to apply Helms-Burton.
Following the announcement of the Secretary of State of the United States, Mike Pompeo, regarding Washington's decision not to extend the application of Title III of Helms-Burton and the reiteration of threats to "take tougher measures" against Cuba , Cuban Foreign Minister, Bruno Rodriguez Parrilla, assured foreign businessmen all guarantees for investment and joint projects. "They have the support of Cuban laws, international law and the laws of their own countries," he said.
Rodriguez Parrilla highlighted the guarantees to foreign investment present in the new Constitution of the Republic, ratified in the referendum on February 24, by 86.85% of Cubans who went to the polls.
After the signing, on March 12, 1996 by the then President William Clinton, of the "Law for Cuban Freedom and Democratic Solidarity," the Caribbean nation established legal measures to block any action under that legislation.
One of the mechanisms is Law 80, Law of Reaffirmation of Cuban Dignity and Sovereignty, which was approved in a session corresponding to the VII Ordinary Period of Sessions of the IV Legislature, held on December 24, 1996 by the National Assembly of People's Power.
Law 80, in its Article 1, declares the Helms-Burton Law unlawful, unenforceable and without any legal value or effect, so that any claim based on it, of a natural or legal person, whatever their citizenship or nationality, is null.
Law 80 protects foreign investments in Cuba and supports investors who may be harmed facing attempts to apply Helms-Burton.
The world responds
The High Representative of the European Union (EU) for Foreign Affairs and Security Policy and Vice President of the European Commission, Federica Mogherini, warned in a statement to the United States that they are breaching bilateral agreements in force for more than 20 years.
"The European Union will consider all options at its disposal to protect its legitimate interests, including those linked to its rights in the World Trade Organization and the European Union Blockade Statute," Mogherini said.
The Statute of Blockade was approved in 1996 by the European Union, to protect itself from the extraterritorial effects of Helms-Burton. This establishes the prohibition of execution of judicial sentences of USA related to Title III of the Helms-Burton Law within the EU and allows recovering the companies sued in the USA through european courts, any damage caused as a result of legal proceedings initiated in the North American nation.
"Sorry, but we are going to enter a phase of extreme litigation before the WTO and the lawyers are going to have a lot of work," the Spanish Minister of Foreign Affairs, Josep Borrell, said at the Casa de América in Madrid.
Canada is one of the main economic partners and the main issuer of tourists to Cuba, ties and interests that are threatened by the extraterritorial effects of the Helms-Burton.
"Canada is deeply disappointed with today's announcement. We will review all options in response to this USA decision, "said Canadian Foreign Minister Chrystia Freeland on April 17.
In 1996, the Canadian Government amended the Foreign Counter-Extraordinary Measures Act of Canada (FEMA), the country's main legislation against Helms-Burton, establishing that "any judgment issued in accordance with the law of the United States, entitled Law of Freedom and Democratic Solidarity of Cuba (Libertad) of 1996, will not be recognized or enforceable in any way in Canada ».
The Government of Mexico issued a statement in which it expressed its displeasure at the decision of the United States and assured that it will protect Mexican companies that do or have an interest in doing business with Cuba. Mexico rejected the application of unilateral trade laws with extraterritorial character, considering that they violate the norms of International Law.
The Latin American country, a traditional friend of Cuba, has the Law for the Protection of Trade and the Investment of Foreign Standards that Contravene International Law, a law that entered into force on October 23, 1996.
(Granma-EmbaCuba-Polonia)