FOIA Records Vault: American Property Claims Against Cuba – PobleteTamargo LLP

On October 10, 2018, Poblete Tamargo LLP (“PT Law”) filed a Freedom of Information Act (“FOIA”) lawsuit against the Department of State in the U.S. District Court for the District of Columbia for records requested more than five years ago related to U.S.-Cuba property claims. The FOIA lawsuit stems from two FOIA records requests for records, one filed in 2014 and the other in 2015, submitted to the Department of State before the U.S. and Cuba normalized diplomatic relations.

The FOIA suit is part of PT Law’s ongoing commitment to educating potential investors in Cuba about the legal and reputational risk of engaging in transactions in Cuba involving properties subject to a claim. In addition to helping resolve property claims and disputes for their clients, the firm assists other counsel handling complex international claims law cases, particularly in the Cuba context (a claims program that should’ve been resolved decades ago), and educating interested parties about claims law.

The U.S. legal system and marketplace place a high premium on property rights and contracts. How these claims are settled in Cuba will impact well beyond this matter. A few years ago, the President allowed claim holders to defend property rights in Cuba claims in U.S. federal courts, opening a new chapter in this protracted battle to settle claims that should have been resolved long ago.

ProductionDownload LinksFOIA Case Number
September 2024DOWNLOADFL-2015-15752
August 2024––
July 2024––
June 2024DOWNLOADFL-2015-15752
May 2024DOWNLOADFL-2015-15752
April 2024DOWNLOADF-2014-06088
March 2024DOWNLOADF-2014-06088
February 2024DOWNLOADF-2014-06088
January 2024DOWNLOADF-2014-06088
November 2023DOWNLOADF-2014-06088
October 2023DOWNLOADF-2014-06088
September 2023DOWNLOADF-2014-06088
August 2023DOWNLOADF-2014-06088
June 2023DOWNLOADF-2014-06088
March 2023DOWNLOADF-2014-06088
February 2023DOWNLOADF-2014-06088
January 2023DOWNLOADF-2014-06088
December 2022DOWNLOADF-2014-06088
October 2022DOWNLOADF-2014-06088
September 2022DOWNLOADF-2014-06088
August 2022DOWNLOADF-2014-06088
July 2022DOWNLOADF-2014-06088
June 2022
June 2022		DOWNLOAD (State Dep’t)
DOWNLOAD (Treasury Dep’t)		F-2014-06088
2022-FOIA-00457
May 2022–
April 2022DOWNLOADF-2014-06088
March 2022––
February 2022DOWNLOADF-2014-06088
January 2022DOWNLOADF-2014-06088
December 2021DOWNLOADF-2014-06088
November 2021DOWNLOADF-2014-06088
October 2021DOWNLOADF-2014-06088
September 2021DOWNLOADF-2014-06088
August 2021DOWNLOADF-2014-06088
July 2021DOWNLOADF-2014-06088
June 2021DOWNLOADF-2014-06088
May 2021DOWNLOADF-2014-06088
April 2021DOWNLOADF-2014-06088
March 2021––
February 2021––
January 2021––
December 2020––
November 2020––
October 2020––
September 2020––
August 2020––
July 2020––
June 2020––
May 2020––
April 2020–F-2014-06088
March 2020DOWNLOADF-2014-06088
February 2020DOWNLOADF-2014-06088
January 2020DOWNLOADF-2014-06088
December 2019DOWNLOADF-2014-06088
November 2019DOWNLOADF-2014-06088
June 2019DOWNLOADF-2014-06088
May 2019DOWNLOADF-2014-06088
April 2019DOWNLOADF-2014-06088
Additional Records to be Uploaded.

Additional Reading and Background

  1. The Cuba Files: Court Documents for Distressed Debt Investors [in the U.K.], Undervalued Shares (Sept. 22, 2022).
  2. Hands Off: U.S. Court Thins Field for Castro Land Seizure Lawsuits, Miami New Times (Aug. 17, 2022).
  3. US Companies Are Willing to Invest in Cuba, But Will Cuba Authorize US Investment?, ALM Law.com (May 26, 2022).
  4. US Judge Rules Cruise Lines Docking in Cuba Trafficked in Stolen Property, ALM Law.com (Mar. 22, 2022).
  5. Future of claims involving confiscated properties in Cuba may lie with U.S. Supreme Court, The Miami Herald (Jan. 3, 2022).
  6. In historic first, Swiss firm settles suit by U.S. family over seized property in Cuba, The Miami Herald (Jun. 2, 2021).
  7. LafargeHolcim Nears Settlement Over Property in Cuba, The Wall Street Journal (May 26, 2021).
  8. US-Cuba lawsuits show no signs of slowing down as Maersk sued, Trade Winds (Feb. 24, 2021).
  9. State Department Records Reveal Cuba Still Owes Billions to U.S. Taxpayers; Property Claims No Closer to Resolution, PT Law Press Release (June 12, 2020).
  10. Suits Under Title III of the Helms-Burton Act Suffer Their First Significant Setback, Lawfare (June 11, 2020).
  11. US judge dismisses a Cuba lawsuit against MSC Cruises, Seatrade Cruise News (Jan. 6, 2020).
  12. Cuba Lawsuits Could Threaten Future Flights To Island, Cigar Aficionado (Oct. 1, 2019).
  13. American Airlines is latest company sued for operating in expropriated property in Cuba, NBC News (Sep. 25, 2019).
  14. Cuba: Trump Administration Expands Sanctions, Congressional Research Service [includes information on lawsuits for property claims in U.S. federal courts] (Jun. 24, 2019).
  15. Claims under Cuban seized-property law are fewer than expected, NBC News (Jun. 3, 2019).
  16. Exxon Mobil sues Cuba for $280 million over expropriated property, Reuters (May 3, 2019).
  17. Under Trump change, Cuba business partners can now be sued, Associated Press (May 1, 2019).
  18. U.S. tightens Cuban embargo, allowing legal claims for confiscated property, The Washington Post (Mar. 5, 2019).
  19. Foreign Investment in Cuba Might Be At Risk If US Allows Lawsuits Over Confiscated Property, The Miami Herald, (Feb. 21, 2019).
  20. PT Law v. DOS (complaint copy) and Press Release: PT Files Suit Against State for Documents From 4-Year-Old FOIA Request (Oct. 10, 2018).
US Congress: Subcommittee Hearing: The Future of Property Rights in Cuba Subcommittee on the Western Hemisphere, Ms. Chester Lamb, American claimant
Subcommittee Hearing: The Future of Property Rights in Cuba Subcommittee on the Western Hemisphere, Mauricio J. Tamargo, Poblete Tamargo LLP and former Chairman of the Foreign Claims Settlement Commission, US Dept. of Justice.