Havana Docks Corp. v. Royal Caribbean Cruises, Ltd. · ¶39

The cruise lines “use[d]” or “engage[d] in commercial activity using” the docks. §§6023(13)(A)(i), (ii). It is undisputed that when they transported nearly a million paying passengers to Cuba, the cruise lines “used the docks.” Brief for Respondents 23; see also Tr. of Oral Arg. 72 (“We have used the docks”). It is likewise undisputed that they did so “without the authorization of ” Havana Docks. § 6023(13)(A). So, if the cruise lines did so knowingly and intentionally, the cruise lines “traffic[ked] in property”—the docks—“which was confscated by the Cuban Government.” §§ 6023(13)(A)(i), (ii), 6082(a)(1)(A).

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