Exxon Mobil Corp. v. Corporación Cimex, S. A. (Cuba) · ¶89

Fourth, the Cuban government defendants (and the dissent) say that an earlier draft of the Helms-Burton Act expressly waived sovereign immunity, whereas the final version did not. See H. R. 927, 104th Cong., 1st Sess., §302(c) (Feb. 14, 1995); S. 381, 104th Cong., 1st Sess., §302(c) (Feb. 9, 1995). But that earlier version waived the sovereign immunity of the foreign governments themselves. See H. R. 927, §302(a)(1). After some objections, Congress removed that provision and instead applied the cause of action against foreign agencies and instrumentalities, and not directly against the sovereigns. See H. R. 927, 104th Cong., 1st Sess., §302(a)(1) (Aug. 4, 1995). And in any event, that argument is simply another magic-words requirement.

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