The Trump administration is expected to act as early as Monday to allow unprecedented lawsuits in American courts against some foreign companies doing business in Cuba, U.S. officials and others familiar with the move tell NBC News.
Trump administration officials have discussed several possibilities for whether to allow the law to go into effect fully or only partially, with the final decision being left to the very end. But the administration is likely to sign a"partial waiver" that protects U.S. businesses and those from allied nations from litigation, but allows lawsuits against businesses from"unfriendly" nations such as, according to U.S.
Any move to allow even some lawsuits under Title III would unleash a torrent of litigation — not only lawsuits over confiscated property but also legal challenges over the validity of the Helms-Burton law itself and the way the Trump administration is applying it. Sen. Marco Rubio, R-Fla., an advocate for harsher Cuba policies who has significant influence in the Trump administration, called the 45-day waiver"a strong indication of what comes next." He warned on Twitter at the time that"If you are trafficking in stolen property in #Cuba, now would be a good time to get out."
Past presidents have suspended the law out of concern over the effects it would have on the international court system, the World Trade Organization and U.S. relations with European countries, said John Kavulich of the U.S. Cuba Trade & Economic Council. Another company that could be affected is Airbnb, whose operations in Cuba have been praised by Rubio as helping average Cubans to benefit from tourism without sending revenue to the Cuban government. The law exempts residential property used solely for residential purposes from legal action, but it's unclear how judges might apply that to those benefiting commercially from renting out their homes.
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