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Assignment 2:Case 5-1

Dwayne Smith

Dr. Harris

Strayer University

Marketing 5008

July 29, 2012

Introduction

The Helms-Burton Act has become one of the most controversial and widely discussed international legislation in decades. The resistance from the Cuban government about the features of the Helms-Burton legislation is a clear affirmation of the legitimacy of property claims irrespective of the passage of time. This report will address the issues with the America’s Cuban Conundrum. It will analyze the key issue that prompted the EU to take the Helms-Burton Dispute to the WTO, determine who benefits and who suffers from an embargo of this type of economic barriers. This report would also constitute a resolution to the trade condition between U.S and Cuba, and determine what type of economic barriers would have to be overcome by a U.S. Firm to conduct business successfully in Cuba. The Cuban Democracy Act of 1992 stipulates that U.S. sanctions on Cuba will remain in place until specific moves toward democracy bring about a calibrated adjustment. The Cuban Liberty and Democratic Solidarity (Libertad) Act—or Helms-Burton bill—which Senators Helms, Dole et al. have introduced in the Senate, goes further in strengthening international sanctions, establishes a civil right of judicial action for U.S. citizens having ownership of or interest in expropriated properties—with reference either to fair market value or amounts certified by the U.S. Foreign Claims Settlement Commission.

1. What was the key issue that prompted the EU to take the Helms-Burton dispute to the WTO? Although a "blocking statute" was permitted under Article 235 of the European Union, Denmark threaten to veto stated that it exceeded the European Commission's authority. After President Clinton signed the Iran and Libya Sanctions Act, the World Trade

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