Exxon Mobil Corp. v. Corporación Cimex, S. A. (Cuba) · ¶91

The Helms-Burton Act creates a private right of action that expressly runs against Cuban agencies and instrumentalities, expressly contemplates claims and judgments against those entities, expressly identifies §1331 (not §1330) as the source of subject-matter jurisdiction for suits under the Act, and expressly confers on the President—not the courts—gatekeeping authority over those suits. Here, acting pursuant to the Act, the President has determined that permitting those suits will promote U. S. foreign policy interests. Stacking an FSIA requirement on top of the Helms-Burton Act would thwart Congress’s design and directly contravene the President’s foreign policy judgments. We reverse the judgment of the U. S. Court of Appeals for the D. C. Circuit and remand the case for further proceedings consistent with this opinion.

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