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Helms-Burton Act unleashes historic legal battle

| News | Cuban Desk

Ignacio Aparicio explains the concept of 'trafficking' contained in the Helms-Burton Law and how it can affect Spanish hoteliers in Cuba in an article published by Expansión

The Núñez, the Behn or the García-Bengoechea are some of the dozens of families who claim properties lost in the Cuban revolution in the courts, opening an unprecedented battle with uncertain consequences.

The door to an unknown legal battle of international dimensions has been opened by the president of the United States, Donald Trump, who has activated the point of the Helms-Burton law that allows demanding compensation for expropriated assets and that had been held in abeyance for decades.

Spanish hotel companies with a presence on the Caribbean island have already put themselves in the hands of lawyers to defend themselves against claims asking for the recovery of the land where their resorts are located. Ignacio Aparicio, partner of Andersen Tax & Legal, explains that, "in addition to the EU blocking statute, the interpretation of the concept of trafficking contained in Helms-Burton is broad".

This point, which is key in the accusation of foreign companies, "is difficult to prove in the case of Spanish hotel companies, as it is very difficult to prove that they have trafficked land of which they are not even owners, as these companies only deal with its construction and management," says Aparicio.

Read the full article in Expansión.

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