“Deeply [regretting] the full activation”, on the same day, by the United States, of the Helms-Burton Act, which strengthens the embargo against Cuba, the High Representative of the Union for Foreign Affairs and Security Policy, Federica Mogherini, warned on 2 May that the EU would react to the effects of this law. Until now, Europeans have had an exemption (see EUROPE 12229/21).
“The EU considers the extra-territorial application of unilateral restrictive measures to be contrary to international law and will draw on all appropriate measures to address the effects of the Helms-Burton Act”, warned Ms Mogherini in a statement on behalf of the EU.
The measures will concern, among other things, the EU's rights within the framework of the World Trade Organization (WTO) and the use of the EU's Blocking Statute, she said. The Helms-Burton Act is covered by the blocking statute. The blocking statute is a recently updated 1996 regulation (see EUROPE 12077/7), which aims to neutralise the extra-territorial effects of US sanctions.
The High Representative warned that the EU will continue to work with its international partners “who have also voiced their concerns in this regard”. On 17 April, the EU and Canada, in a joint statement, expressed their concerns about the possible US decision to use the Helms-Burton Act (see EUROPE 12238/2).
According to Ms Mogherini, the US decision to activate Title III of the Helms-Burton Act, and to open the way for measures under Title IV, is “a breach of the commitments undertaken in the EU-US agreements of 1997 and 1998, which had been respected by both sides without interruption since then”. She warned that this decision would cause unnecessary friction and undermine confidence in and predictability of the transatlantic partnership.
Under the Helms-Burton Act, American nationals, including naturalised Cuban immigrants whose property was nationalised in Cuba in the years 59-61, can sue those who recovered it in American courts. The latter may also be denied access to the United States. (Original version in French by Camille-Cerise Gessant)