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ARTICLE · 08 JANUARY 2015

Frequently Asked Questions About U.S./Cuban Policy Changes

The following frequently asked questions examine key issues from a policy and business perspective.

United StatesInternational Law

President Obama recently announced steps to ease the 54-year old embargo on Cuba and begin to restore diplomatic relations. The following frequently asked questions examine key issues from a policy and business perspective.

How can the President make changes without Congressional approval?

U.S. sanctions on Cuba arise under several laws, including the Helms-Burton Act, the Trading with the Enemy Act, and other statutes. Some of these laws give the president greater discretion, while others require congressional action before certain restrictions can be lifted. President Obama will likely argue that any changes proposed fall within his discretion, while it is virtually certain that some members of Congress may challenge some or all of these measures as exceeding the limits of what can be changed under the Helms-Burton Act. One thing is clear: no dealings with Cuba should occur without first determining that such actions are allowed under the current restrictions,

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