Exxon Mobil Corp. v. Corporación Cimex, S. A. (Cuba) · ¶58

A “claim” or “action” “filed against the Cuban Government” anticipates plaintiffs suing Cuban agencies and instrumentalities. §§6082(a)(7)(B), 6064(a). A “judgment against an agency or instrumentality of the Cuban Government” contemplates plaintiffs suing those Cuban government entities and reaching a final disposition—not having their suit dismissed on sovereign immunity grounds. §6082(d). None of those references would make any sense if the FSIA applied and suits under the Helms-Burton Act could never (or almost never) make it out of the starting blocks.

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