Cuban Nationalization Process

Cuba's nationalization process occurred between 1959 and 1968 and included different legal procedures, such as confiscation, forced expropriation by a judicial or administrative authority with compensation, and intervention by state agencies prior to confiscation and nationalization of the private property:

  • First stage (1959-1960). Confiscations of the property of alleged officials of the Batista government and collaborators with that government and subsequent confiscations of the property of alleged counter-revolutionaries.

  • Second stage (1959-1963). Agrarian and Urban Reforms. Expropriation of American, Other Foreigner and Cuban-owned interests.

  • Third stage (1961-1968). The Revolutionary Offensive. The Cuban government announced that all private business, with the exception of a few small agricultural businesses would no longer be allowed to operate.

 Cuban Law on Expropriation

  • recognizes that a taking gives rise to a right to fair compensation;

  • uses declared taxable value as appraisal basis;

  • apart from a specific claims settlement tribunal and in absence of a treaty providing for international dispute resolution of foreign nationals' claims against Cuba, a claimant would have to bring an action in the Cuban courts to vindicate its rights;

  • there is no such bilateral investment treaty between the US and Cuba, and one in the near future is highly unlikely; and

  • regardless, Cuba does not have any track record with international tribunals related to claims settlement.

 

Contact Us:

Cuban Claims Owners Association

200 S Biscayne Blvd

Suite 3590
Miami, FL 33131

Email: anillo@anillolaw.com

rvaldes-fauli@foxrothschild.com

Phone: 561-352-6674

            305-442-6540

 

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