Supreme Court Holds Helms-Burton Act Abrogates Cuban State Entity Sovereign Immunity
U.S. nationals holding FCSC-certified Cuban confiscated property claims and counsel for Cuban state-owned entities with U.S. exposure must evaluate new litigation risk after the Supreme Court eliminated a core jurisdictional barrier to Title III suits.
On June 23, 2026, the Supreme Court issued a 6-3 ruling in Exxon Mobil Corp. v. Corporación CIMEX, S.A. holding that the Helms-Burton Act’s Title III abrogates foreign sovereign immunity for Cuban state-owned agencies and instrumentalities, eliminating the requirement for plaintiffs to satisfy a separate Foreign Sovereign Immunities Act (FSIA) exception to establish jurisdiction over these entities. The decision overturns lower court precedent that had blocked nearly all Title III suits against Cuban state entities, as the longstanding U.S. embargo on Cuba made it nearly impossible for plaintiffs to meet the FSIA’s commercial or expropriation activity exceptions. U.S. nationals with FCSC-certified Cuban property confiscation claims should evaluate filing or reviving Title III suits, while counsel for Cuban state-owned entities with U.S. exposure should assess litigation risk and defenses, noting post-judgment asset execution remains subject to separate FSIA execution immunity rules.