January 14, 2020 Practice Points

Libertad Act Found Inapplicable Against Norwegian Cruise Lines

Other plaintiffs may not have a similar issue and may yet be able to recover under this act.

By David Y. Loh

On January 7, 2020, in Havana Docks Corporation v. Norwegian Cruise Line Holdings, Ltd., Case No. 19-cv-23591, the U.S. District Court for the Southern District of Florida dismissed Havana Ports’ suit against Norwegian Cruise Line (NCL). In 1996, Title III of the Helms-Burton Act, also known as the Cuban Liberty and Democratic Solidarity or “Libertad” Act was signed into law. Both Republican and Democratic administrations refused to enforce the Libertad Act for fear of interfering with existing commercial operations with Cuba and especially since the Obama administration sought to normalize relations with Cuba. The Trump administration, however, announced in April 2019 that it would no longer stay the implementation of the Libertad Act.

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