The EU could take initiatives, if the United States does not extend the EU's waiver to the Helms-Burton Act concerning Cuba, an EU spokeswoman warned on Thursday 4 April.
"The EU is ready to protect European interests – including European investments and the economic activities of EU individuals and entities in their relations with Cuba, if these were to be affected", she stressed, when interviewed by EUROPE. "The European Union reiterates its strong opposition to the extraterritorial application of unilateral restrictive measures which it considers contrary to international law", she added.
According to Pascal Lamy, who spoke on the subject at a conference organised by the Jacques Delors Institute and entitled 'European and American sanctions: what sovereignty', if the derogation is not extended, "the EU's normal reaction will be to relaunch the case before the WTO".
In May 1996, the European Communities requested WTO consultations with the United States on this US law and then requested a suspension of work following the granting of this waiver.
The Helms-Burton Act is also part of the EU Blocking Status Act, a 1996 regulation that aims to neutralise the extraterritorial effects of US sanctions in the EU.
On 3 April, the United States extended the 1996 Cuban Liberty and Democratic Solidarity (Libertad) Act exemption from the Helms-Burton Act for an additional 14 days starting 18 April. As in the last extension of the waiver, on 4 March, it no longer covers Cuban entities or sub-entities on the Department of State's short list for Cuba. "While this exception is not applied to the EU companies, it creates unjustified uncertainty for all investors", the EU spokeswoman said.
She recalled that Washington had undertaken, as part of the 1998 agreement, to grant exemptions "to prevent American companies and individuals from asserting their rights against the EU and other companies operating in Cuba". However, according to Pierre Vimont, speaking at the Jacques Delors Institute conference, if the then American President Bill Clinton "was aware of the EU's problem and had reached a compromise. Today, it is much more difficult". (Original version in French by Camille-Cerise Gessant)