Exxon Mobil Corp. v. Corporación Cimex, S. A. (Cuba) · ¶75

It is not plausible to conclude that Congress, in the Helms-Burton Act, in essence reinstated the pre-FSIA immunity regime while simultaneously subjecting suits under the Act to the FSIA—particularly given that few if any suits against Cuban agencies and instrumentalities could ever clear the FSIA’s hurdles. In other words, after the President has determined that suits under the Helms- Burton Act should proceed, requiring those suits to satisfy the FSIA—under which the suit would usually be disallowed by federal judges—would badly undermine Congress’s design and thwart the President’s statutorily authorized assessment of current developments in Cuba.

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