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FACT SHEET:
CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD) ACT OF 1996

U.S. Department of State
April 1, 1996

On March 12, 1996, the president signed into law the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act, better known as the Helms-Burton Act.

This action was taken as a strong response to the recent downing of two unarmed U.S. civilian aircraft by the Cuban government.

This complex piece of legislation contains a variety of provisions including:

-- codification of all embargo restrictions that were in effect on March 1;

-- creation of a private right of action in U.S. courts that will allow U.S. nationals whose property was confiscated by the Cuban government to sue Cuban governmental entities or foreign investors who use or profit in any way from those properties. This provision may be suspended by the president if he determines that to do so would be in the national interest and would expedite the transition to democracy in Cuba;

-- the denial of visas and entry into the U.S. of individuals who traffic in U.S. claimed properties in Cuba after March 12, 1996, and their immediate family members, as well as corporate officers and controlling shareholders of entities which traffic in such properties.

The Administration will diligently implement the legislation. We are working to resolve the numerous legal and procedural questions related to the implementation of the Act. Because of the Act's complexity, however, we are not yet in a position to provide details on how its provisions will be enforced.

With regard to the Title IV exclusion of "traffickers," we hope to implement the legislation in a way which would increase economic pressure on the Cuban government while minimizing the disruption of relations with our allies and trading partners.

It is important to note that Title IV is prospective, meaning that it applies only to trafficking that begins on or after March 12, 1996, including improvements in or additions to existing investments.

We will provide additional information on implementation of the Act once procedures are in place.