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Helms-Burton · Title III · Rightful Owners

Confiscated property & the claims map

Helms-Burton Title III lets U.S. nationals sue anyone "trafficking" in property confiscated by the Cuban government after 1959 — for treble damages (Title III suits have been allowed since 2019). Title IV adds visa bars. Any investor touching a confiscated asset inherits that liability. These are the landmines under the atlas.

01

The claims table

Every confiscated asset in the atlas, sorted by Title III exposure.

⚠️ 4 active Title III suits11 FCSC-certified claims22 confiscated assets total
AssetOriginal owner (1960)1972 valueCurrent claim-holderCertifiedTitle III
Arechabala Distillery / Havana Club origin
Rum
José Arechabala S.A.uncertified; sold to BacardiBacardi (rights)⚠️ Active
Belot Oil Refinery (Esso/Exxon)
Energy & power plants
ExxonMobil (Standard Oil/Esso)$71.6MExxonMobilCertified⚠️ Active
Partagás Cigar Factory (Cifuentes)
Cigars
Cifuentes familyuncertifiedHabanos S.A. (Cuban) / General Cigar (non-Cuban, DR)⚠️ Active
Port of Santiago de Cuba (Guillermón Moncada)
Ports
Javier García-Bengochea (Santiago port interest)uncertifiedGarcía-Bengochea family⚠️ Active
Bacardí Original Distillery (Ronera Santiago)
Rum
Bacardí familyuncertified (family fled)Bacardi Limited (Bermuda)⚠️ Potential
Edificio Bacardí (Bacardi Building)
Rum
Bacardí familyuncertifiedBacardi Limited⚠️ Potential
H. Upmann Factory / Montecristo (Menéndez-García)
Cigars
Menéndez & García familyuncertifiedHabanos S.A. (Cuban) / Altadis USA, La Romana DR (non-Cuban)⚠️ Potential
Hoyo de Monterrey / Punch (Palicio)
Cigars
Palicio familyuncertifiedHabanos S.A. (Cuban) / General Cigar, Honduras (non-Cuban)⚠️ Potential
Romeo y Julieta Cigar Factory
Cigars
Rodríguez lineageuncertifiedHabanos S.A. (Cuban) / Altadis USA, DR (non-Cuban)⚠️ Potential
Textilera Ariguanabo (Bauta)
Manufacturing
Dayton Hedges (US)built by US capital 1931stateReview
Coca-Cola Bottling (Havana)
Manufacturing
The Coca-Cola Company$27.5MThe Coca-Cola CompanyCertifiedNone active
Colgate-Palmolive Factory (Havana)
Manufacturing
Colgate-Palmolive$14.5MColgate-PalmoliveCertifiedNone active
Cuban Electric Company (national grid)
Energy & power plants
Cuban Electric Company$267.6MOffice Depot, Inc.CertifiedNone active
Cuban Telephone Co. (ITT)
Telecom
ITT (as trustee)$130.7M+Marriott International (via Starwood)CertifiedNone active
El Encanto Department Store
Retail
Solís/Entrialgo familiesuncertifiedsite (Parque Fe del Valle)None active
Hotel Nacional / Habana Riviera
Tourism
various (incl. Lansky estate, Riviera)uncertifiedheirsNone active
Moa Nickel + Cobalt Belt
Mining
Moa Bay Mining Co. (Freeport Sulphur)$88.3MFreeport lineageCertifiedNone active
Nicaro Nickel Plant ('René Ramos Latour')
Mining
Nicaro Nickel Co.$33.0Moriginal claimantCertifiedNone active
Port of Moa
Ports
Moa Bay Mining Co. (Freeport Sulphur)$88.3MFreeport lineageCertifiedNone active
Texaco Refinery (Santiago)
Energy & power plants
Texaco Inc.$50.1MChevronCertifiedNone active
United Fruit Sugar (Boston & Preston mills)
Agriculture
United Fruit Sugar Co.$85.1MChiquita lineageCertifiedNone active

Certified values are the U.S. Foreign Claims Settlement Commission (FCSC) 1972 figures; statutory interest makes present values far higher. Uncertified claims may still support Title III suits. Not legal advice.

02

Havana Docks — the landmark case

What Title III trafficking liability looks like in practice.

⚠️ Landmark Title III litigation

Havana Docks v. the cruise lines

Havana Docks has pursued Title III claims against Carnival, Royal Caribbean, Norwegian and MSC for using the confiscated Havana cruise terminal. The case is a leading example of the trafficking liability U.S. companies face when they use confiscated Cuban property — one of the clearest reasons U.S. capital cannot touch Cuba's confiscated infrastructure, and why this overlay exists.

32nd-ranked
Certified 1972 value
4
Cruise lines sued
2019
Title III suits allowed since
22
Confiscated assets here
03

How to pursue a Helms-Burton claim

A reality check first: the U.S. Foreign Claims Settlement Commission (FCSC) certified 5,913 Cuban claims across two programs (completed 1972 and 2006), and both are closed. As of 2026 there is no open program to certify a new claim. But certification is not required to sue under Title III — here is how to tell where you stand.

  1. 1 · Check whether you already hold a certified claim

    Search the FCSC's published Cuba decisions and list of certified claims. A certified claim is conclusive proof that you own it — a major evidentiary advantage in court. FCSC — Claims Against Cuba ↗

  2. 2 · Confirm you can bring a Title III suit

    You must be a U.S. national who owns the claim; the property must have been confiscated by the Cuban government on or after Jan 1, 1959; and the claim must be worth more than $50,000 (excluding interest, costs, and fees — the trebled damages don't count toward that threshold). This applies to certified and uncertified claims alike.

  3. 3 · Mind the March 12, 1996 ownership cutoff — the hard gate

    For property confiscated before March 12, 1996 — essentially all Cuba claims — you must have acquired the claim before that date. Heirs who inherited after it are barred — even if the property was taken decades earlier — the rule that has sunk most Title III cases. You need not have been a U.S. national at the moment of the taking: an émigré who later naturalized and owned the claim before that date can qualify.

  4. 4 · Watch the 2-year clock

    A Title III action must be filed within 2 years after the "trafficking" stops. Courts treat this as a statute of repose (no tolling), though new or ongoing trafficking can restart the clock.

  5. 5 · Get qualified counsel

    These suits are complex and most have failed on the ownership cutoff or on proving "trafficking." Work with experienced OFAC / Helms-Burton counsel — the atlas lists leading U.S. sanctions attorneys. See OFAC counsel →

Informational summary of the LIBERTAD Act (22 U.S.C. §6082–6084); figures from the U.S. Foreign Claims Settlement Commission. Not legal advice — consult qualified counsel before acting.

The families Cuba dispossessed →

Eight Cuban dynasties whose property was confiscated in 1960 — Bacardí, Arechabala, Fanjul, Lobo, Cifuentes, Menéndez, Mas Canosa and Mestre. Not all hold Helms-Burton claims (some weren't eligible; Mas Canosa authored the law) — but each is a story of what was taken, and what they rebuilt.

Common questions

What is Helms-Burton Title III?+

The provision of the 1996 LIBERTAD (Helms-Burton) Act that lets U.S. nationals sue anyone who “traffics” in property the Cuban government confiscated after 1959.

Who can sue, and how do I know if I have a certified Cuba claim?+

To sue under Title III you must be a U.S. national who owned the claim before March 12, 1996 (the cutoff applies to property confiscated before that date), over property Cuba confiscated after 1959, worth more than $50,000. An FCSC-certified claim (about 5,900 exist) is conclusive proof you own it, but certification isn't itself required — and both FCSC certification programs are now closed.

How do I make a Helms-Burton claim — can I get a new claim certified?+

You can't newly certify a claim: the FCSC's two Cuban Claims Programs closed in 1972 and 2006 and none is open today. But you may still bring a Title III lawsuit if you're a U.S. national who owned the claim before March 12, 1996 (for property confiscated before that date) and it exceeds $50,000. Start by checking the FCSC list to see if you already hold a certified claim, then consult OFAC / Helms-Burton counsel.

What was confiscated in Cuba after 1959, and who holds the claim now?+

Ports, refineries, sugar mills, hotels, utilities, and brands. The atlas maps the largest certified claims to today's holders — the Cuban Electric Company claim (~$267.6M) is held by Office Depot, and ITT's (~$181.8M) by Marriott.