Exxon Mobil Corp. v. Corporación Cimex, S. A. (Cuba) · ¶73

Therefore, suits under the Helms-Burton Act may proceed only if the President chooses to allow them—or, more precisely, not to disallow them. And the President’s statutorily authorized discretion over whether to allow such suits is constrained only by his obligation to determine and report to Congress his conclusion that a suspension is in the national interest and would further a democratic transition in Cuba, or that a transition government has taken power. See §§6064(a), 6082(d), (h)(1)(B), 6085(c)(1)(B).

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