Havana Docks Corp. v. Royal Caribbean Cruises, Ltd. · ¶38

The docks are “property which was confiscated.” § 6082(a)(1)(A); 119 F. 4th, at 1294 (Brasher, J., dissenting). Havana Docks has established that the Cuban Government confscated those docks without compensation. In 1960, the Castro regime expropriated American property, specifically targeting Havana Docks. 1 App. 483, 487. Then, Castro's forces physically took possession of the docks and expelled Havana Docks' agents. Id., at 257. The Cuban Government therefore “seiz[ed] . . . control of” the docks, § 6023(4)(A)—the physical property in which Havana Docks had an interest. It follows that the docks are “property which was confscated by the Cuban Government” after January 1, 1959. § 6082(a)(1)(A). See also infra, at 250–253.

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