Exxon Mobil Corp. v. Corporación Cimex, S. A. (Cuba) · ¶78

To summarize: The Helms-Burton Act “afford[s] the President”—not the courts—the “flexibility” to confront “unique circumstances” that can arise in the foreign affairs realm with respect to Cuba. Id., at 857. After the President has allowed suits under the Act to go forward, there is no additional FSIA hurdle that a plaintiff must clear in order to sue Cuban agencies or instrumentalities.

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