Exxon Mobil Corp. v. Corporación Cimex, S. A. (Cuba) · ¶39

Time did not stop in 1976 when Congress enacted the FSIA. And one Congress cannot bind another—meaning that a later Congress always may repeal or modify an old law, or enact a new law that is exempt from the old law. In 1996, when Congress passed the Helms-Burton Act, Congress was free to directly abrogate the foreign sovereign immunity of Cuban agencies and instrumentalities, thereby overriding the FSIA. See Bank Markazi v. Peterson, 578 U. S. 212, 236 (2016) (“it remains Congress’ prerogative to alter a foreign state’s immunity”). Exxon argues that Congress did precisely that when it enacted the Helms-Burton Act.

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