The Helms-Burton Act and Extraterritoriality of Internal Laws: Explanatory Elements

Approval of the Helms-Burton Act, American extraterritorial legislation, created a great deal of international reaction because of its potential repercussions on the property of people or companies not subject to American jurisdiction, because of actions not counter to international law. This article analyzes the essential aspects of Helms-Burton, the interests that explain it, the actions taken by Canada, Mexico and the European Union (EU) to counteract its effects, and the response from the American president, addressed toward maintaining the United States’ international system of alliances. The essay is divided into three sections. The first explains the origin of Helms-Burton as a product of the Cuban-American National Foundation activities —one of the most important lobbying groups in Washington— directed toward achieving the fall of Fidel Castro’s regime. It also analyzes the content of Titles III and IV of the law. The second one studies the reactions of Canada, Mexico and the EU, individually or through multilateral forums such as the World Trade Organization (WTO) or the mechanisms established in the NAFTA. The third section examines the reaction of the Clinton administration to international repudiation of Helms-Burton, in particular the presidential decision to suspend application of Titles III and IV. In the conclusions, the author highlights the problems created by Helms-Burton inside the United States by juxtaposing the interests of influential groups in Congress with the presidential direction of foreign policy. According to him, because of its extraterritorial nature, this law is already part of the history of misguided decisions in American world policy.