Exxon Mobil Asks U.S. Supreme Court To Resolve Libertad Act Lawsuit Issue Against Cuba's Coroporacion Cimex

Exxon Mobil Corporation, Petitioner v. Corporación Cimex, S.A. (Cuba), et al. Docketed: December 31, 2024. Linked with 24A330 Lower Ct: United States Court of Appeals for the District of Columbia Circuit. Case Numbers: (21-7127, 22-7019, 22-7020). Decision Date: July 30, 2024

Plaintiff: The Cuban instrumentalities spend the vast majority of their opposition deep in the weeds on the merits. Most of what they say is wrong, but all of it can wait for plenary briefing. At this stage, respondents do not dispute that the question presented has real diplomatic and political ramifications. They do not dispute that the nature of the question forecloses the possibility of a circuit split, and that the divided decision below is the closest substitute. Nor do they dispute that this case is an appropriate vehicle.  Instead, respondents offer derision: regardless of what this Court says about their sovereign immunity, they will never have to pay any judgment, so the question is academic. That assertion is wrong, and respondents’ confidence in their ability to successfully blow off billion-dollar judgments is impossible to square with their aggressive litigation of the threshold immunity question. Regardless, even if Helms-Burton Act plaintiffs may face other hurdles to recovery, that is no reason to let stand an additional hurdle that Congress did not erect. Indeed, as multiple amici confirm, whether such plaintiffs may sue Cuban instrumentalities in federal court has significant and immediate practical consequences for many American companies. It certainly matters to Exxon, which is currently pursuing unnecessary and burdensome jurisdictional discovery as this lawsuit enters its sixth year.  In the end, what is really at stake is the ability of victims like Exxon even to pursue long-overdue justice for the illegal confiscation of their property. The decision below closes the door to many such victims, despite Congress’s clear statutory language to the contrary and the Executive’s express authorization of such suits.

Defendant: Petitioner mistakenly frames the Question Presented as pertaining only to the agencies or instrumentalities of the Cuban Government. Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, which establishes liability for “traffic[king]” in “confiscated” Cuban property, 22 U.S.C. § 6082(a)(1), is expressly applicable to the agencies or instrumentalities of any government. See 22 U.S.C. § 6023(11) (“‘[P]erson’ means any person or entity, including any agency or instrumentality of a foreign state.”). Thus, if Petitioner’s interpretation prevails, the instrumentalities of third-country governments, no less than those of the Cuban Government, would be subject to Title III actions in United States courts without regard to the immunity provisions of the Foreign Sovereign Immunities Act, which allows suit only on the conditions specified in its enumerated exceptions to the immunity it otherwise categorically confers. See 28 U.S.C. §§ 1604, 1605.

Date, Proceedings and Orders

Oct 03 2024 Application (24A330) to extend the time to file a petition for a writ of certiorari from October 28, 2024 to December 27, 2024, submitted to The Chief Justice. Main Document Proof of Service

Oct 10 2024 Application (24A330) granted by The Chief Justice extending the time to file until December 27, 2024.

Dec 27 2024 Petition for a writ of certiorari filed. (Response due January 30, 2025) Petition Certificate of Word Count Proof of Service

Jan 06 2025 Motion to extend the time to file a response from January 30, 2025 to March 3, 2025, submitted to The Clerk. Main Document

Jan 07 2025 Motion to extend the time to file a response is granted and the time is extended to and including March 3, 2025.

Jan 30 2025Brief amici curiae of King Ranch Inc., et al. filed. Main Document Proof of Service Certificate of Word Count

Jan 30 2025 Brief amicus curiae of Chamber of Commerce of the United States of America filed.Main Document Proof of Service Certificate of Word Count

Jan 31 2025 Motion to extend the time to file a response from March 3, 2025 to April 2, 2025, submitted to The Clerk. Main Document

Feb 03 2025 Motion to extend the time to file a response is granted and the time is further extended to and including April 2, 2025.

Apr 01 2025 Brief of respondents Corporación CIMEX, S.A. (Cuba), et al. in opposition filed. Main Document Proof of Service Certificate of Word Count

Apr 15 2025 Reply of Exxon Mobil Corporation submitted. Main Document Certificate of Word Count Proof of Service

Apr 16 2025 DISTRIBUTED for Conference of 5/2/2025.

LINK To Defendant Brief
LINK To Plaintiff Brief

U.S. Ag/Food Exports To Cuba In February Largest Since March 2014. Up 75.1% Year-To-Year. Unusual: US$17,202.00 In Municipal Waste From Tampa, Florida.

ECONOMIC EYE ON CUBA©
April 2025

February 2025 Ag/Food Exports To Cuba Increase 75.1% - 1
44th Of 212 February 2025 U.S. Food/Ag Export Markets- 2
Cuba Ranked 44th Of 2012 U.S. Ag/Food Export Markets - 2
February 2025 Healthcare Product Exports US$19,848.00 - 2
February 2025 Humanitarian Donations US$7,388,246.00 - 3
Obama Administration Initiatives Exports Continue To Increase - 3
U.S. Port Export Data- 19

FEBRUARY 2025 FOOD/AG EXPORTS TO CUBA INCREASE 75.1% - Exports of food products and agricultural commodities from the United States to the Republic of Cuba in February 2025 were US$47,636,633.00 compared to US$27,204,788.00 in February 2024 and US$24,592,601.00 in February 2023. 

February 2025 was the largest single month for exports since March 2014 which was US$53,021,705.00.

From January 2023 through February 2025, US$76,475,523.00 in vehicles (new and used, gas and electric), trucks, motorcycles, and scooters exported from the United States to the Republic of Cuba.

Highlights: US$17,202.00 in Municipal Waste From Tampa, Florida; US$6,500.00 in Eye Make-Up Preparations; US$856,836.00 in Rice; US$1,067,383.00 in Used Vehicles; US$46,700.00 in Trucks; US$969,546.00 in Motorcycles; US$7,468.00 in Solar Cells.

The data contains information on exports from the United States to the Republic of Cuba- products within the Trade Sanctions Reform and Export Enhancement Act (TSREEA) of 2000, Cuban Democracy Act (CDA) of 1992, and regulations implemented (1992 to present) for other products by the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury and Bureau of Industry and Security (BIS) of the United States Department of Commerce.

The TSREEA re-authorized the direct commercial (on a cash basis) export of food products (including branded food products) and agricultural commodities from the United States to the Republic of Cuba, irrespective of purpose. The TSREEA does not include healthcare products, which remain authorized and regulated by the CDA.

The data represents the U.S. Dollar value of product exported from the United States to the Republic of Cuba under the TSREEA, CDA, and other regulations, specifically including products exported from the United States to the re-emerging private sector in the Republic of Cuba.

The data does not include transportation charges, bank charges, or other costs associated with exports; the government of the Republic of Cuba reports unverifiable data that includes transportation charges, bank charges, and other costs.

LINK TO COMPLETE REPORT IN PDF FORMAT

LINK TO COMPLETE LIST OF PRODUCTS IN 2024 EXPORTED FROM THE UNITED STATES TO CUBA

LINK TO COMPLETE LIST OF PRODUCTS IN 2023 EXPORTED FROM THE UNITED STATES TO CUBA

UK Supreme Court Rules In Favor Of CRF I Limited Lawsuit Against Banco Nacional de Cuba

From CRF I Limited: “This marks CRF’s fourth consecutive win in the English courts and confirms its legal standing to pursue recovery of sovereign debt claims under English law. The judgment closes the jurisdiction phase of the proceedings and allows CRF to move forward with confidence into the merits phase.” 

Link To Press Release

Link To Supreme Court Ruling 

“CRF I Limited Secures UK Supreme Court Victory, Making It 4–0 Against Banco Nacional de Cuba London, 3 April 2025 — CRF I Limited ("CRF") is pleased to announce a significant victory in the UK Supreme Court, which has rejected Banco Nacional de Cuba’s ("BNC") final attempt to challenge CRF’s legal standing. This marks CRF’s fourth consecutive win in the English courts—High Court, High Court (Appeal), Court of Appeal, and now the Supreme Court— solidifying CRF’s position as the rightful owner of the debt and clearing the way for the next phase of the case.  

In its 31 March 2025 ruling, the Supreme Court refused BNC’s application for permission to appeal, stating that the case raised no arguable point of law or issue of general public importance. This decision brings an end to BNC’s years-long campaign to block CRF’s claims on jurisdictional grounds and confirms, with finality, that CRF is the legal creditor entitled to pursue the debt. The ruling affirms the validity of CRF’s claims and underscores their enforceability under English law. With this favourable outcome, CRF will now proceed to the merits phase of the trial, where we remain confident of securing a win. The facts are clear: Cuba borrowed these sums and has failed to honour its repayment obligations—a pattern that has been consistent across its dealings.  

David Charters, Chairman of CRF, commented: "This marks a decisive and conclusive victory in the jurisdiction phase. The UK’s highest court has now confirmed what we have said from the start: CRF is the rightful creditor, and Cuba has no grounds left to dispute that. We’ve now beaten them at every stage—four times—and we’re not stopping here. Despite our repeated attempts to engage constructively, Cuba has consistently rejected genuine negotiation. We remain steadfastly committed to securing justice for our investors and will now intensify our efforts to enforce this ruling fully."  

CRF has made persistent efforts to engage with Cuban authorities in good faith since 2013, seeking a fair and equitable resolution. Despite CRF’s willingness to negotiate, the Cuban side has shown little interest in constructive dialogue. With the jurisdictional questions now settled definitively, CRF will continue to pursue its claims with determination, backed by the full authority of the English courts.” 

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UK Lawsuit Seeks US$100+ Million From Central Bank Of Cuba & Government Of Cuba. Four Countries. Three Banks. Questions- Defining A "Loan" And Capacity To Contract. Read The 14 Court Filings. December 06, 2021