When litigating matters touching the national security powers of the United States, prepare for a long battle. Nothing could be more true than the number of laws and regulations challenged in state and federal courts on all things Cuba. A new Florida law is the latest to enter this sometimes legal abyss. I’ve been on both sides of the matter in the administrative law as well the public policy arenas. For clients, it is a most frustrating and perplexing process.
No matter how good the arguments, this is a realm that can only be ultimately resolved by the politicians and, most importantly, when the two countries find common ground to normalize relations. In the case of Cuba even though they say the opposite, they are not interested in normalized relations with United States. The Cuban Communist Party (PCC) is only concerned about one thing right now, political survival and self preservation. Top leaders fear transitional justice. As they should.
So for clients with claims against Cuba or folks wishing to do business on the island, the courts and administrative agencies are the only options. You could always go to Congress for a change in the law but that is very expensive proposition, not for the faint of political heart.
Frankly, we have no use for Cuba as it stands right now. It is a communist wasteland stuck in the Cold War with no prospects for change because her octogenarian leaders see no reason to change. For that, and many other reasons, we are in no hurry to open the floodgates to the political problems that will most assuredly ensue from normalized relations.