U.S. Department
of Justice
Cuba Program - Precedent Decisions
- Property in Private Depository - Not a Taking by Cuba
- Taking must occur after acquiring U.S. citizenship
- Corporate Claimant must be organized in the U.S., D.C. or Puerto Rico
- Interest at 6% to be included in certification of loss
- Taking of personalty by Cuban Government Agents (no specific law)
- 50% ownership interest in a corporation on date of loss but not on the date of filing a claim
- Claim for stock interest in a corporation qualifying as a U.S. national is barred (Sec. 505(a))
- Indirect ownership of a Cuban corporation under Sec. 505(c)
- Ownersip of realty without a recorded deed and confiscated as "abandoned" (Law 989, published December 6, 1961)
- Untransferred draft proceeds: Law 568 constituted intervention in contract, resulting in taking
- No title to goods; recourse against consigner
- Bank accounts (established prior to August 4, 1961) confiscated as abndoned under law 989 of December 6, 1961.
Updated November 30, 2020