22 U.S.C. § 6085

Effective date

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 22 CasesGoogle Scholar

(a) In general

Subject to subsections (b) and (c), this subchapter and the amendments made by this subchapter shall take effect on August 1, 1996.

(b) Suspension authority(1) Suspension authority

The President may suspend the effective date under subsection (a) for a period of not more than 6 months if the President determines and reports in writing to the appropriate congressional committees at least 15 days before such effective date that the suspension is necessary to the national interests of the United States and will expedite a transition to democracy in Cuba.

(2) Additional suspensions

The President may suspend the effective date under subsection (a) for additional periods of not more than 6 months each, each of which shall begin on the day after the last day of the period during which a suspension is in effect under this subsection, if the President determines and reports in writing to the appropriate congressional committees at least 15 days before the date on which the additional suspension is to begin that the suspension is necessary to the national interests of the United States and will expedite a transition to democracy in Cuba.

(c) Other authorities(1) SuspensionAfter this subchapter and the amendments of this subchapter have taken effect—(A) no person shall acquire a property interest in any potential or pending action under this subchapter; and(B) the President may suspend the right to bring an action under this subchapter with respect to confiscated property for a period of not more than 6 months if the President determines and reports in writing to the appropriate congressional committees at least 15 days before the suspension takes effect that such suspension is necessary to the national interests of the United States and will expedite a transition to democracy in Cuba.(2) Additional suspensions

The President may suspend the right to bring an action under this subchapter for additional periods of not more than 6 months each, each of which shall begin on the day after the last day of the period during which a suspension is in effect under this subsection, if the President determines and reports in writing to the appropriate congressional committees at least 15 days before the date on which the additional suspension is to begin that the suspension is necessary to the national interests of the United States and will expedite a transition to democracy in Cuba.

(3) Pending suits

The suspensions of actions under paragraph (1) shall not affect suits commenced before the date of such suspension, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if the suspension had not occurred.

(d) Rescission of suspension

The President may rescind any suspension made under subsection (b) or (c) upon reporting to the appropriate congressional committees that doing so will expedite a transition to democracy in Cuba.

(Pub. L. 104–114, title III, § 306, Mar. 12, 1996, 110 Stat. 821.)Editorial NotesReferences in Text

This subchapter, referred to in subsecs. (a) and (c)(1), was in the original “this title”, meaning title III of Pub. L. 104–114, Mar. 12, 1996, 110 Stat. 814, which enacted this subchapter and sections 1643l and 1643m of this title and amended section 1611 of Title 28, Judiciary and Judicial Procedure. For complete classification of title III to the Code, see Tables.

Executive DocumentsDelegation of Authority To Suspend the Provisions of Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996

Memorandum of President of the United States, Jan. 31, 2013, 78 F.R. 9573, provided:

Memorandum for the Secretary of State

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3 of the United States Code, I hereby delegate to you the authority to suspend the provisions of title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (Public Law 104–114; 22 U.S.C. 6021–6091), as authorized by section 306(c)(2) of the Act.

You are authorized and directed to publish this memorandum in the Federal Register.

Barack Obama.

Notes of Decisions

Cited in 16 cases (11 in the last 5 years), 2006–2026 · leading case: Elvira De La Vega Glen v. Club Mediterranee, S.A., 450 F.3d 1251 (11th Cir. 2006).

Sort: Relevance Newest Treatment

Elvira De La Vega Glen v. Club Mediterranee, S.A., 450 F.3d 1251 (11th Cir. 2006). · cites it 2× “See 22 U.S.C. § 6085 (authorizing the President to suspend the effective date of the legislation if such suspension is “necessary to the national interests of the United States”).”

Odebrecht Constr., Inc. v. Prasad, 876 F. Supp. 2d 1305 (S.D. Fla. 2012). · cites it 2× “” See 22 U.S.C. § 6085 . In light of foreign reaction to'Title III of the Libertad Act, President Clinton invoked the Libertad Act’s waiver provision on July 16, 1996.”

Exxon Mobil Corp. v. Corporacion CIMEX, S.A. (Cuba), 111 F.4th 12 (D.C. Cir. 2024). · cites it 2× “After a series of suspensions, see 22 U.S.C. § 6085 (b), Title III finally went into effect on May 2, 2019.”

Moreira v. Société Générale (2d Cir. 2025). · cites it 4× “See 22 U.S.C. § 6085 (c)(1)–(2). When the plaintiffs ultimately brought suit against BNP Paribas, S.”

Havana Docks Corp. v. Norwegian Cruise Line Holdings, Ltd. (S.D. Fla. 2020). · cites it 3× “; see also 22 U.S.C. § 6085 (c) (presidential power to suspend the right to bring a cause of action under Title III).”

Havana Docks Corp. v. MSC Cruises SA CO (S.D. Fla. 2020). · cites it 3× “; see also 22 U.S.C. § 6085 (c) (presidential power to suspend the right to bring a cause of action under Title III).”

Pujol Moreira v. Societe Generale, S.A. (S.D.N.Y. 2021). · cites it 2× “22 U.S.C. § 6085 (c)(1)(B). By contrast, Congress did explicitly provide elsewhere in the statute that a suspension of actions “shall not affect suits commenced before the date of such suspension.”

Havana Docks Corp. v. Carnival Corp. (S.D. Fla. 2020). “; see also 22 U.S.C. § 6085 (c) (presidential power to suspend the right to bring a cause of action under Title III).”

Havana Docks Corp. v. Carnival Corp. (S.D. Fla. 2021). “22 U.S.C. § 6085 (b). Shortly after its enactment in 1996, the President invoked that provision, and the right to bring suit under the Act remained suspended until May 2, 2019, when the suspension was lifted.”

De Fernandez v. Seaboard Marine Ltd (S.D. Fla. 2021). “; see also 22 U.S.C. § 6085 (c) (presidential power to suspend the right to bring a cause of action under Title III).”

North Am. Sugar Indus., Inc. v. Xinjiang Goldwind Sci. & Tech. Co., Ltd. (S.D. Fla. 2021). “22 U.S.C. § 6085 (c). From its enactment in 1996 until 2019, every President suspended the Act’s private action provision.”

De Fernandez v. Crowley Mar. Corp. (S.D. Fla. 2022). “22 U.S.C. § 6085 (c). From its enactment in 1996 until 2019, every President suspended the Act’s private action provision.”

Show all 16 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.