The legal basis of Cuba’s nationalizations
The first nationalizations took place in Cuba when the Agrarian Reform was enacted, in May of 1959, and established compensation with 20-year government issued bonds
José Luis Toledo Santanderjune 11, 2019 11:06:26
The Revolutionary government promulgated nationalization laws to fulfill the Moncada program.
Photo: Granma Archives
Given the increase in U.S. imperial aggression and arrogance, many Cubans are being heard these days paraphrasing General Antonio Maceo, on the occasion of his historic statement in Mangos de Baraguá, in 1878, when responding to a surrender agreement known as the Zanjón Pact, he said, “No, we do not understand each other.” I agree with them, we cannot understand the U.S. government, for many reasons, among them because we make an effort to give words the interpretation they deserve.
In the Helms-Burton Act, the terms “confiscated property” and “confiscated assets” are used regularly. As Dr. Olga Miranda Bravo explains, these terms are in no way “similar to nationalization,” defined as an act by which a nation, in a legal process, can, for different reasons, order the appropriation of private properties and place them within the public treasury.”
The confiscation of assets is an accessory legal act, subsequent to the commission of a crime, which implies, in addition to a penalty, the restitution of property ill-gained, with no right to compensation.The Council of Ministers, in use of powers recognized by the Fundamental Law of the Republic, February 7, 1959 – broadly and specifically inspired by the 1940 Constitution – enacted Law No.15 on March 17, 1959, which ordered the confiscation, and consequent adjudication to the Cuban state, of assets owned by Fulgencio Batista and all those who collaborated with his dictatorship, recognized as responsible for multiple crimes, as set forth in the Code of Social Defense, in effect at that time.When the Helms-Burton Act refers in its section 302 of Title III to trafficking with property confiscated by the Cuban government, it is protecting the very criminals cited in Law 15/1959, whose assets were confiscated because they had committed crimes. Continue reading