Document: The Law of Reaffirmation of Cuban Dignity and Sovereignty
Type of document: Law
Date of issue: 24/12/1996
Number of Legal Instrument: Law No 80
Broadcaster: National Assembly of People's Power
Date of entry to the repository: 18/05/2016
Source:
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RICARDO ALARCON DE QUESADA , President of the National Assembly of the People's Power of the Republic of Cuba.
I DO KNOW That the National Assembly of People's Power, in its session of the 24th day of December 1996, "Year of the Centenary of the Fall in Combat of Antonio Maceo," corresponding to the VII Ordinary Period of Sessions of the Fourth Legislature, has approved the next:
AS REGARDS : In the United States of America the so-called "Helms-Burton" Law has been put into effect, which aims at the colonial reabsorption of the Republic of Cuba.
AS REGARDS : Cuba has suffered the imperialist policy of the United States of America bent on seizing it by different routes, from the attempts to buy the island to Spain, the application of the theory of "manifest destiny and ripe fruit" and its reflection in the Monroe doctrine, trying to systematically prevent our struggles for national liberation until the intervention of 1898 that thwarted the independence for which the Cubans had fought a machete, courage, intelligence and boldness, and turn Cuba into its colony.
AS REGARDS : Through the Platt Amendment and its continued interference and intervention in the country's internal affairs, the United States of America usurped some of the national territory by installing the Guantanamo Naval Base, imposed corrupt and despotic regimes on its own. service, including the opprobious and bloody machadish and batistian tyrannies, and since 1959 systematically attacked Cuba with the declared purpose of ending its independence, eliminating Cuban nationality and subjecting the people to the easement.
AS FOR: The Cuban people, faithful bearer of the independence of the people, of the workers, peasants, students and intellectuals who have fought and will fight the pretensions of their secular enemy, are ready to make the greatest efforts and sacrifices to maintain the sovereignty, independence and freedom that definitively conquered the First of January 1959.
AS REGARDS : The process of nationalizing the nation's wealth and natural resources, carried out by the Revolutionary Government on behalf of the Cuban people, was carried out in accordance with the Constitution, the laws in force and the International Law, without The Commission has been able to provide the necessary compensation, which has been agreed by bilateral negotiations with all the governments involved, with the exception of the United States of America which refused to This is because of its policy of blockade and aggression, seriously damaging its national action. .
AS REGARDS : The Cuban people will never allow their country's destinies to be governed by laws dictated by any foreign power.
AS REGARDS : The "Helms-Burton" Law has been rejected almost unanimously by the international community for its violation of the principles of international law recognized in the Charter of the United Nations, as well as for its Extraterritorial application in contradiction with international norms, pretending to arbitrarily and illegally dictate rules to be fulfilled by other states.
AS REGARDS : An important number of foreign businessmen have demonstrated their trust in Cuba by investing in the country or negotiating potential investments, and it is a duty to use all possible legal formulas to help protect their interests.
AS REGARDS : The National Assembly of People's Power, as the representative of the entire people, repudiates the "Helms-Burton" Law and declares its inalienable decision to adopt the measures that are within its reach in response to this anti-Cuban legislation and to demand the The Cuban State and the Cuban people are entitled to compensation.
FOR TANK : In use of the faculty granted to him by Article 75, point b, of the Constitution of the Republic, the National Assembly of People's Power has approved the following:
LAW 80
LAW ON THE REAFFIRMATION OF CUBAN DIGNITY AND SOVEREIGNTY
ARTICLE 1. The "Helms-Burton" Act is declared unlawful, inapplicable and without any legal effect or value.
Consequently, any claim covered by natural or legal persons, irrespective of citizenship or nationality, is considered void.
Article 2. The provision of the Government of the Republic of Cuba, expressed in the laws of nationalisation promulgated more than thirty-five years ago, is reaffirmed in respect of adequate and fair compensation for the assets expropriated to the natural and legal persons who at that time held the citizenship or nationality of the United States of America.
ARTICLE 3. The indemnities for U.S. properties nationalized under that legitimate process, validated by Cuban laws and international law, as referred to in the previous article, may be part of a negotiating process. between the Government of the United States of America and the Government of the Republic of Cuba, on the basis of equality and mutual respect.
Claims for compensation for the nationalization of these properties must be examined in conjunction with the indemnities to which the Cuban State and the Cuban people are entitled, in the light of the damages caused by the blockade and attacks of all kinds, the responsibility of which lies with the Government of the United States of America.
ARTICLE 4. Any natural or legal person in the United States of America who uses the procedures and mechanisms of the 'Helms-Burton' Act shall be excluded from future negotiations referred to in Articles 2 and 3. use them to the detriment of others.
ARTICLE 5. The Government of the Republic of Cuba is charged with the adoption of the provisions, measures and additional facilities necessary for the total protection of the current and potential foreign investments in Cuba and the defense of the the legitimate interests of the latter in relation to the actions which may be derived from the 'Helms-Burton' Act.
ARTICLE 6. The Government of the Republic of Cuba is empowered to apply or authorize the formulas required for the protection of foreign investors against the application of the "Helms-Burton" Law, including the transfer of the interests of the foreign investors to trust companies, financial institutions or investment funds. ARTICLE 7. The competent state bodies, which authorize the Government of the Republic of Cuba, in compliance with the laws in force, will provide foreign investors who so request the information and documentation. available to them in order to defend their legitimate interests against the provisions of the Helms-Burton Act.
It will also provide the aforementioned information and documentation available to foreign investors who request it to promote legal proceedings before the courts of their respective countries, under legal provisions. protection of their interests or which have been given in order to prevent or limit the application of the 'Helms-Burton' Act.
ARTICLE 8. Any form of collaboration, direct or indirect, is declared illegal in order to promote the implementation of the Helms-Burton Act. It is understood as collaboration, among other behaviors:
Seek or provide information to any representative of the Government of the United States of America or another person with the object that it may be used directly or indirectly in the possible application of that law or to provide assistance to another person for the search or supply of such information.
Request, receive, accept, facilitate the distribution or benefit from any financial, material or other means of financial resources from the Government of the United States of America or channeled by the United States of America, through its representatives or by any other route, the use of which would favour the application of the Helms-Burton Act.
Disseminate, disseminate or assist the distribution, in order to promote the application of the "Helms-Burton" Law, information, publications, documents or propaganda materials of the Government of the United States of America, its agencies, or dependencies, or any other source.
Collaborate in any way with radio or television stations or other means of dissemination and propaganda with the aim of facilitating the implementation of the "Helms-Burton" Law.
ARTICLE 9. The Government of the Republic of Cuba shall present to the National Assembly of the People's Power or to the State Council, where appropriate, the legislative projects necessary to punish all those facts that in one way or another collaboration with the purposes of the "Helms Burton" Act.
ARTICLE 10. It is confirmed that the economic remittances of people of Cuban origin residing abroad, to their relatives residing in Cuba will not be affected by any tax. The Government of the Republic of Cuba shall take all appropriate measures to facilitate such remittance.
Persons of Cuban origin residing abroad will be able to operate bank accounts in freely convertible currency or Cuban pesos in banks of the Republic of Cuba, and the interests they perceive in these accounts will not be subject to tax. one.
They may also contract with insurance companies, insurance policies whose beneficiaries are permanent residents in Cuba. The beneficiaries may receive the corresponding benefits free of charge without payment of any tax.
ARTICLE 11. The Government of the Republic of Cuba shall keep up to date data on the compensation to which the Government of the United States of America is obliged as a result of the effects of the economic, commercial and financial blockade and its aggression against the country and will add to these claims the damages caused by thieves, misappropriators, corrupt politicians and mobsters, and, moreover, by the torturers and murderers of the Batistian tyranny for whose actions it has been taken responsible for the Government of the United States of America by enacting the "Helms-Burton" Act.
ARTICLE 12. Natural persons who have been victims in their person or property or in the persons or property of their families, of the actions supported or supported by the Government of the United States of America referred to in the following paragraph, may The Ministry of Justice of the Republic of Cuba will be able to decide on its validity, as well as its amount and the responsibility of the Ministry of Justice of the Republic of Cuba. Government of the United States of America.
The actions referred to in the preceding paragraph shall include the deaths, injuries and economic damage caused by the torturers and murderers of the Batista tyranny and, in addition, by saboteurs and criminals at the service of US imperialism. against the Cuban Nation since the First of January 1959.
The Ministry of Justice has the power to regulate the handling of complaints referred to in this Article and to make any other provision to that effect.
ARTICLE 13. The National Assembly of People's Power and the Government of the Republic of Cuba will cooperate and coordinate with other parliaments, governments and international organizations, in order to promote how many actions are necessary to prevent the implementation of the Helms-Burton Act.
ARTICLE 14. All the people of Cuba are called upon to continue the deep and systematic examination of the annexationist and colonial plan of the Government of the United States of America included in the Law "Helms-Burton", in order to ensure that in each territory, community, This is a very important issue, and I think it is important that the Commission should be able to take the necessary steps to ensure that the Commission is able to take the necessary steps to ensure that the measures necessary to defeat it.
FINAL PROVISIONS
FIRST : The Government of the Republic of Cuba and the competent State agencies are empowered to make any provisions necessary for the purpose of complying with the provisions of this Law.
SECOND : It will be repealed as many legal or regulatory provisions are contrary to the provisions of this Law, which will begin to apply from its publication in the Official Gazette of the Republic.
DADA In the Chamber of Sessions of the National Assembly of People's Power, Palace of the Conventions, in the city of Havana, at the twenty-four days of the month of December of a thousand nine hundred and ninety-six.
RICARDO ALARCON DE QUESADA
