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Q: International Law Research Question for Law Student ( Answered 5 out of 5 stars,   0 Comments )
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Subject: International Law Research Question for Law Student
Category: Reference, Education and News > Teaching and Research
Asked by: ben6680-ga
List Price: $20.00
Posted: 01 Dec 2005 10:31 PST
Expires: 31 Dec 2005 10:31 PST
Question ID: 600104
Hello, I have a fact based question needed for the update of an
international law text book. I need a recent (certainly within the
2005 calender year) figure on how many visas the U.S. has blocked
under Tiltle IV of the Helms Burton Act.

To elaborate, the Helms Burton Act or Cuban Liberty and Democratic
Solidarity (Libertad) Act of 1996  is a United States law which
strengthens and continues the United States embargo against Cuba.This
law states, among other things, that any non-US company that
"knowingly traffics in property in Cuba confiscated without
compensation from a U.S. person" can be subjected to litigation and
that company's leadership can be barred from entry into the United
States.

Title IV of the Act provides that the U.S. can deny visas to company
leadership and their families if they operate on or trafic confiscated
property in Cuba that used to be owned by US nationals. How many
people have been denied visas under Title IV? I have statistics from
2002, but I need updated figures.

In addition I need confirmation that application of Title III - giving
US citizens the right to sue foreigners who have purchased confiscated
land -- has been waived by the Bush administration in 6 month
intervals as it has been in the past.  The Department of Justice
website may be a good place to begin looking.

Due to a deadline on this assignment I will need an answer in the next
24 hours. Thanks a lot for your help! Please dont hestitate to contact
me if you need clarification.

Ben Franks

Clarification of Question by ben6680-ga on 02 Dec 2005 10:06 PST
I have been extended time on this assignment so please reply if you
find an answer by the end of the weekend - Dec. 4th.

Clarification of Question by ben6680-ga on 02 Dec 2005 10:08 PST
answerfinder-ga where are you with you five star answer?!?

Request for Question Clarification by answerfinder-ga on 03 Dec 2005 02:41 PST
Dear ben6680-ga,

Sorry, your question slipped passed me. I can answer the second part
but the first is a little more difficult to tie down, but if you have
the previous figures it may make sense. Let me know what you think.

State Department document from May 2005.

Washington, DC
May 20, 2005
?The Department is actively investigating 26 entities for possible
enforcement of Title IV of the Libertad Act. The most recent Title IV
trafficking determination against a new entity was made on April 13,
2004. This was the first determination since 1997. On May 6, 2005, the
Department implemented Title IV visa sanctions against additional
officers of an entity already determined to be trafficking in
confiscated property in Cuba.?
http://www.state.gov/p/wha/rls/46699.htm



?Text of a Letter from the President to the Chairmen and Ranking
Members of the House Committees on International Relations and
Appropriations, and the Senate Committees on Foreign Relations and
Appropriations
July 15, 2005

Dear Mr. Chairman: (Dear Representative:) (Dear Senator:)

Consistent with section 306(c)(2) of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 (Public Law 104-114)(the "Act"), I
hereby determine and report to the Congress that suspension for 6
months beyond August 1, 2005, of the right to bring an action under
title III of the Act is necessary to the national interests of the
United States and will expedite a transition to democracy in Cuba.

Sincerely,

GEORGE W. BUSH?
http://www.whitehouse.gov/news/releases/2005/07/20050715-11.html

answerfinder-ga

Clarification of Question by ben6680-ga on 04 Dec 2005 16:38 PST
Hello answerfinder-ga -- 

First, I would like to thank you again for your perceptive research.
In response to your clarification request, I would say that the
following Title IV reference:

May 20, 2005
?The Department is actively investigating 26 entities for possible
enforcement of Title IV of the Libertad Act. The most recent Title IV
trafficking determination against a new entity was made on April 13,
2004. This was the first determination since 1997. On May 6, 2005, the
Department implemented Title IV visa sanctions against additional
officers of an entity already determined to be trafficking in
confiscated property in Cuba.?

... is helpful and perhaps all that is out there in 2005, but not
exactly what I hoped for. If you could find any statistics on the
number of "Title IV visa sanctions" that have been issued as a result
of the "trafficking determinations" referenced above that would be
unbelievable help. However, I have also been fruitless in my search
for such information, so if you cannot find anything else after
another go at it then please check this question off as answered and
move on. Certainly the information you have already dug up is already
a great help. Thanks.

Since I have your attention and you have my confidence in being a
truely capable researcher, I was hoping that you might look into a new
discrete inquiry for me. I will describe it here for you, but will
then post it as a seperate question so I can offer you a seperate fee.
Of course I would greatly appreciate your signature timely response 
-- here it is:

My professor has drafted a new section in his casebook supplement on
jurisdiction over internet activity. a major case is Gutnick v Dow
Jones, a libel case filed in the Australian courts.  Parallel to this,
William Alpert, the journalist who wrote the allegedly defamatory
article, filed a petition before the UN Human Rights Committee saying
the libel  case violated his right to free speech under the
International Convenant on Civil  and Political Rights.

Can you find out what happened to this petition?  Did he win? Was the
case withdrawn? We are looking for a couple sentences with this
information to add to the casebook insert. Please let me know if this
is not clear, or if for some reason you cannot respond to it at this
time.  Thanks for your great help!


-Ben
Answer  
Subject: Re: International Law Research Question for Law Student
Answered By: answerfinder-ga on 05 Dec 2005 01:16 PST
Rated:5 out of 5 stars
 
Dear Ben, 

In addition to the above, I have found the below information. The
report ?Cuba: Issues for the 109th Congress? may contain the
information you require.

Statement made by Daniel W. Fisk, Deputy Assistant Secretary, Bureau
of Western Hemisphere Affairs. Remarks to the Cuban American Veterans
Association, Miami, Florida
October 9, 2004 

?We are actively investigating more than two dozen Helms-Burton Title
IV visa sanction cases. The most recent Title IV trafficking
determination was made in April. No visa sanctions were imposed
because the Jamaican company terminated its commercial involvement
with the confiscated property in question. This was the first
determination in 5 years. The law was implemented; the law worked.?
http://www.state.gov/p/wha/rls/rm/37025.htm

Cuba: Issues for the 109th Congress
7 July 2005
?To date the State Department has banned from the United States a number of
executives and their families from three companies because of their
investment in confiscated U.S. property in Cuba: Grupos Domos, a
Mexican telecommunications
company; Sherritt International, a Canadian mining company; and BM Group, an
Israeli-owned citrus company. In 1997, Grupos Domos disinvested from U.S.-
claimed property in Cuba, and as a result its executives are again
eligible to enter the United States. Action against executives of
STET, an Italian telecommunications company was averted by a July 1997
agreement in which the company agreed to pay the U.S.-based ITT
Corporation $25 million for the use of ITT-claimed property in Cuba
for ten years. For several years, the State Department has been
investigating a Spanish hotel company, Sol Melia, for allegedly
investing in property that was confiscated from U.S. citizens in
Cuba?s Holguin province in 1961. Press reports in March 2002,
indicated that a settlement was likely between Sol Melia and the
original owners of the property, but by the end of the year settlement
efforts had failed.  In mid-June 2004, Jamaica?s SuperClubs resort
chain decided to disinvest from two Cuban hotels. The State Department
had written to the hotel chain in May
advising that its top officials could be denied U.S. entry because the company?s
Cuban investments involved confiscated U.S. property.
http://www.fas.org/sgp/crs/row/RL32730.pdf


Statement by H.E. Mr. Felipe Pérez Roque, Minister of Foreign Affairs
of the Republic of Cuba, Under Agenda item 18 Entitled "Necessity of
Ending the Economic, Commercial and Financial Embargo Imposed by the
United States of America Against Cuba" New York, 8 November 2005

"The blockade prevents, under the Helms-Burton Act, investments by
third-country companies in Cuba claiming that these are connected with
properties subject to claims by the United States. For that reason,
the CEOs of Canada's SHERITT are still under sanctions - and last
year, Jamaica's SUPERCLUBS withdrew from Cuba."
http://www.radiohc.cu/ingles/especiales/noviembre05/especiales8nov1.htm

Hope this helps.
answerfinder-ga
ben6680-ga rated this answer:5 out of 5 stars
Yet another sophisticated and rapid response from answerfinder-ga. I
can vouch that this service is excellent every time and the
researchers really care about getting you the answers you need. Thanks
again for your help!

-satisfied law student

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