Posted on 12/31/2022 7:02:36 PM PST by texas booster
Norwegian Cruise Line must pay $110 million in damages for use of a port that Cuba's government confiscated in 1960, a U.S. judge ruled on Friday, a milestone for Cuban Americans seeking compensation for Cold War-era asset seizures.
The decision by U.S. District Judge Beth Bloom in Miami follows her March ruling that the use of the Havana Cruise Port Terminal constituted trafficking in confiscated property owned by the plaintiff, Delaware-registered Havana Docks Corp.
"Judgment is entered in favor of Plaintiff Havana Docks Corporation and against Norwegian Cruise Line Holdings, Ltd," reads the decision.
"Plaintiff is awarded $109,848,747.87 in damages," it says, adding that Norwegian should also pay an additional $3 million in legal fees and costs.
Norwegian Cruise Line did not immediately respond to a request for comment.
Cuban President Miguel Diaz-Canel has harshly criticized the Helms-Burton Act, describing it as an extraterritorial violation of international law.
Havana Docks had also sued cruise lines Carnival, Royal Caribbean and MSC, an Italian cruise line, under the Helms-Burton Act, which allows U.S. nationals to sue over the use of property seized in Cuba after 1959.
...
(Excerpt) Read more at voanews.com ...
1) I didn't realize that there are still 44 lawsuits under Helms-Burton. Both have been gone from Congress how long?
2) Is it possible for any cruise lines to visit Cuba and not use a disputed port in Cuba?
3) Thrilled that a female judge ruled in favor of the law, rather than in line with the current winds blowing from Washington.
Your thoughts?
I honestly don’t understand what I have just read…
Norwegian went to Cuba after the Obama administration encouraged access to Cuba.
But they used an old port to dock in Havana, one that is subject to numerous lawsuits going back decades.
They were directed to the port by the Cuban authorities, and paid Cuba for use of the docks.
But Helms-Burton states that these are disputed business assets for American based companies.
Norwegian got sued, lost and owes $110 million.
Got it. Thanks for clarifying.
Why should Norwegian pay for the supposed crimes of Cuba?
I’m sure Cuba is guilty, but I don’t get Norwegian’s culpability.
After the fall of Communist governments in the Soviet bloc in the early 1990s, members of Congress sought to increase pressure for peaceful democratic change in Cuba and to deter international involvement with property claimed by U.S. citizens that had been expropriated without compensation by the Cuban Government. This led to the development of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act, known as the Helms-Burton Act after its principal sponsors. In February 1996, Cuban MiGs shot down two civilian aircraft in international air space, killing three U.S. citizens and one U.S. resident. Congress then passed the act by overwhelming margins. The President (Clinton) signed it into law on March 12, 1996.
Title III creates a private cause of action and authorizes U.S. nationals with claims to confiscated property in Cuba to file suit in U.S. courts against persons that may be "trafficking" in that property. The Act grants the President the authority to suspend the lawsuit provisions for periods of 6 months if it is necessary to the national interest of the United States and will expedite a transition to democracy in Cuba. The President has exercised this authority five times, most recently in July 1998.
So Congress makes a law based on a tragedy, the pResident signed it into law in a selfless act of solidarity with the oppressed Cuban people, and then suspended it until he left office. Leaving other pResidents to deal with it or suspend it.
Since Congress can't or won't repudiate the law, even when run by Democrats that support the communists in Cuba, we get to see this mess before our eyes.
The judge is an idiot. NCL should and will dispute the verdict in higher courts.
BTW, sponsored by Dan Burton, Torricelli and Jesse Helms. Strange bedfellows indeed.
However, some say that Title III is not there to protect the interests of Americans, whether born in the US or naturalised. They say that the threat of US lawsuits is a deterrent from international companies from doing business in Cuba.
A statement by the Ministry of Foreign Affairs of Cuba notes that “If Title III were to be applied as established by this law and as threatened by the US State Department, each and every Cuban and community in the country will bear witness to the way in which the lawsuits are filed before US courts claiming for the ownership of the house they live in, the workplace they work at, the school their children attend, the polyclinic where they are provided with medical care, the parcels where their neighborhoods have been built.”
From a Cuban minister, Bruno Rodriguez:
The Helms-Burton Act is illegal, inapplicable and is void of any value or legal effect. Consequently, any claim filed under this law by a natural or juridical person, regardless of their citizenship or nationality, will be rendered null.
And from a comment on that site:
Sr. Bruno, lo ilegal es que roben como lo han hecho en Cuba la familia Casto y sus compinches. Eso no solo es ilegal si no inmoral.
Mr. Bruno, the illegal thing is to steal as the Castro family and their cronies have done in Cuba. That is not only illegal but immoral.
Crazy. Sounds like the Virgin Islands suing JP Morgan over Epstein level BS.
Cuba is a sovereign country. We can dispute their actions by sending a demarcate, or going to the world court or declaring war. But the cruise line is responsible for none of that.
sounds like Cubans should pay 1/2 the fees they received from the cruise line to the original owners, and the original owners should try to collect from the Cubans.
but I have not read enough about this to have a firm opinion
Who are the plaintiffs? A mafia front group?
It seems more just to bill Cuba(admittedly pointless) than to bill companies that visit the country. I’ve never commanded a seagoing vessel so I’m guessing here but docking at a country like Cuba might not include a lot of freedom of choice.
Pretty sure that ships are no longer allowed into Cuba.
Have you sailed on Norwegian Dawn? We’re looking at a 14-day cruise on it because the itinerary includes St. Lucia and Aruba where we’ve never been.
Have only sailed on Celebrity and Princess so don’t know what Norwegian is like. Small-ish ship, too, so if it’s bad two weeks could be unpleasant.
Also, no laundromat. (Nobody does my laundry but me.)
Cuba is a sovereign country that stole people's private property. U.S. law holds that those docks are the legal property of Havana Docks Corporation and it was illegally seized and used by the Cuban government. Norwegian Cruise Lines used those docks for their business and paid the Cuban government for their use, but the Cuban government doesn't legally own them, Havana Docks Corporation does.
There are a lot of grey areas and politics here. The Cuban revolution was 64 years ago and the communists stole the private property of virtually everyone in Cuba. Most people that has their land/homes/property stolen are dead now. How long do their descendants claims last? Obviously as long as the communists control Cuba they're not going to get their property back. Norwegian Cruise Lines opened themselves up to a lawsuit by doing trade when we had an embargo in place. Norway might not have a beef with Cuba but the U.S. has long had sanctions in place against them and Norway does business with the U.S. The U.S. has a long history of using our legal system to go after other countries monetarily when they go against our wishes. Is it right? I dunno, it's kind of being the bully and throwing your weight around on one hand, on the other hand if you don't enforce your sanctions against Cuba they're just going to end run them like Iran constantly tries to do with oil.
I would hate to have to pay reparations for all the property the US has stolen directly or by proxy.
Yes, I have sailed on all smaller NCL ships including the Dawn, Sun, etc. In general, NCL ships are clean, but I no longer like smaller ships. It has to be 110,000 tons plus.
What I remember most about NCL are the chocoholic buffets.
NCL Escape we are sailing in January looks great form the video’s.
https://www.youtube.com/watch?v=4fi6X6fhpkg
Https://www.youtube.com/watch?v=VqWjkHXq5vY
Aruba is good port to visit. I do not recall anything about St Lucia but I think it should be better than Dominica or Cuba ports.
I look for movie theaters on ship, but very few ships have them anymore. Pack enough underwear so you do not need laundromat on ship.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.