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

President Obama delegated to the Secretary of State the authority to suspend Title III of the LIBERTAD Act of 1996, which allows U.S. nationals to sue foreign entities trafficking in confiscated Cuban property. The Secretary is directed to publish the memorandum in the Federal Register.

Federal Register Open PDF 78 FR 9573

Impact dates

Date TBD
Publication of memorandum in Federal Register

Key directives

Delegate authority to suspend Title III of LIBERTAD Act to Secretary of State
Publish memorandum in Federal Register

Who is ordered

Secretary of State · Department of State

Timeline

Immediate

Delegation of suspension authority to Secretary of State takes effect

Near term (90d)

Secretary of State may exercise authority to suspend Title III provisions
Publication in Federal Register

Long term

Continued suspension of Title III liability affects U.S.-Cuba trade and investment dynamics

Risks & tensions

Delegation pattern continues long-standing executive practice of suspending Title III since 1996, avoiding trade retaliation from allies
Vague on whether Secretary must act or merely has discretion—no mandatory suspension deadline specified
Potential tension with property rights advocates seeking enforcement of confiscated claims