Exxon Mobil Corp. v. Corporación Cimex, S. A. (Cuba) · ¶24

The Cuban government-owned companies moved to dismiss. As wholly owned instrumentalities of Cuba, they asserted immunity under the Foreign Sovereign Immunities Act and argued that Exxon had not satisfied any of the FSIA’s enumerated exceptions to foreign sovereign immunity. 90 Stat. 2891, 28 U. S. C. §§1330, 1602 et seq. Exxon countered that the Helms-Burton Act itself waived the Cuban government defendants’ sovereign immunity by creating a cause of action that expressly applied against foreign agencies and instrumentalities. See §§6082(a)(1)(A), 6023(11). According to Exxon, it did not need to also satisfy an FSIA exception to foreign sovereign immunity.

slip opinion
Source edition
Passage preview. Read in context for the complete text, notes and references.