Facts of the Case

Provided by Oyez

In 1960 the Cuban government confiscated the refinery, terminals, and service stations of Exxon's predecessor without compensation, and the assets passed to Cuban state enterprises including CIMEX and CUPET. When the suspension of Title III of the Helms-Burton Act lapsed in 2019, Exxon sued those state instrumentalities for trafficking in the confiscated property, and the defendants claimed immunity under the Foreign Sovereign Immunities Act. The district court and the D.C. Circuit held that the Helms-Burton Act did not independently abrogate sovereign immunity.

Questions

  1. Does the Helms-Burton Act abrogate foreign sovereign immunity in cases against Cuban instrumentalities, even if the parties do not satisfy an exception under the Foreign Sovereign Immunities Act?

Conclusions

  1. On June 23, 2026, the U.S. Supreme Court held 6-3 in Exxon Mobil Corp. v. Corporación Cimex, S.A. that the Helms-Burton Act abrogates the sovereign immunity of Cuban agencies and instrumentalities, so plaintiffs suing them under the Act need not separately satisfy an exception to the Foreign Sovereign Immunities Act.