Helms-Burton Act
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The Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996 (better known as the Helms-Burton Act) is a United States federal law which strengthens and continues the United States embargo against Cuba.
The Helms-Burton Act was codified in U.S.C. Title 22, sections 6021-6091. It is named for its original sponsors, Senator Jesse Helms, Republican of North Carolina, and Representative Dan Burton, Republican of Indiana.
The law was passed on March 12, 1996 by the 104th United States Congress. The introduction of the bill was prompted by an episode that happened a month earlier. On February 24, 1996, Cuban fighter jets shot down two private planes operated by a Cuban refugee group called Brothers to the Rescue (Hermanos al Rescate). [1] [2].
Content
This law states, among other things, that any non-US company that deals economically with Cuba can be subjected to legal action and that company's leadership can be barred from entry into the United States. Sanctions may be applied to non-U.S. companies trading with Cuba. This means that internationally operating companies have to choose between Cuba and the US, which is a much larger market.
Reactions
The Helms-Burton act was condemned by the Council of Europe, the European Union, Canada, Mexico, Argentina and other U.S. allies that enjoy normal trade relations with Cuba. The law contained provisions that sought to punish non-U.S. companies for engaging in trade with Cuba, which governments and businesses in other countries argued run counter to the spirit of international law and sovereignty.
The law has also been condemned by humanitarian groups because these groups argue that sanctions against an entire country will affect only the innocent population.
Bill Clinton and George W. Bush both signed a provision allowing for a waiver of the law. It is currently not being enforced.
The following are laws that were passed in different countries to counteract the effects of Helms-Burton:
- Foreign Extraterritorial Measures Act of Canada
- Law of Protection of Commerce and Investments from Foreign Policies that Contravene International Law of Mexico