Exxon Mobil Corp. v. Corporación Cimex, S. A. (Cuba) · ¶2

Held: The Helms-Burton Act itself abrogates the sovereign immunity of Cuban agencies and instrumentalities; plaintiffs who sue Cuban agencies or instrumentalities under the Act need not also satisfy one of FSIA’s enumerated exceptions to foreign sovereign immunity. A congressional waiver of sovereign immunity must be “clearly discernible from the sum total” of Congress’s “work,” Department of Agri culture Rural Development Rural Housing Service v. Kirtz, 601 U. S. 42, 55. Four points, taken together, lead to the conclusion that the Helms-Burton Act clearly abrogated the foreign sovereign immunity of Cuban agencies and instrumentalities. Pp. 5–22. (a) First, under this Court’s precedents, a statute creating a cause of action that explicitly applies against a sovereign waives the immunity of that sovereign “even without a separate waiver provision,” id., at 53. The Helms-Burton Act’s…

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