Helms-Burton Act and the European Answer to its Extraterritorial Effects

The suspension of the application of Title III of the Helms-Burton Act has recently been lifted. This article aims to analyse this Law by referring, in particular, first to the aforementioned Title, and later to the first judgments given in disputes dealing with its application. In addition, in Spain an action has been brought for a parallel case to those covered by Title III of the Helms-Burton Act; in this regard, reasons why the Spanish Courts have declared their lack of international jurisdiction to know about the case are critically examined. Finally, the European Union's blocking statute is analysed, designed to protect EU operators from US Secondary Sanctions. It is a legal instrument of limited effectiveness that protects assets situated on the European Union territory, but not those outside it. Similarly, the right to compensation for damages arising from US extraterritorial sanctions will often be restricted in practice.