WRITTEN QUESTION No. 3690/97 by Jesús CABEZÓN ALONSO to the Commission. Legal security of investments in Cuba
Date: 1997-11-19
Institutions: CABEZON ALONSO, European Parliament
Subjects: Cuba, European undertaking, United States, World Trade Organisation, agreement (EU), extra-territoriality, international law, investment abroad

C 174/100

EN

Official Journal of the European Communities

8. 6. 98

(98/C 174/155)

WRITTEN QUESTION E-3688/97

by Jesu·s Cabezo·n Alonso (PSE) to the Commission

(19 November 1997)

Subject: The Helms-Burton law

Is the Commission fully aware that after its negotiations with the US Administration on the application of the
Helms-Burton  law,  the  US  legislative  has  hardened  its  position  still  further  against  the  European  Union(cid:146)s
interests?

In view of this attitude, what measures has the Commission adopted or does it intend to adopt?

(98/C 174/156)

WRITTEN QUESTION E-3689/97

by Jesu·s Cabezo·n Alonso (PSE) to the Commission

(19 November 1997)

Subject: The extraterritorial effect of certain US laws

What  practical  steps  is  the  Commission  taking  to  prevent  the  inclusion  in  the  OECD  multilateral  investment
agreement of the the provisions of the Helms-Burton and D(cid:146)Amato Kennedy laws, which would thereby acquire
extraterritorial effect?

(98/C 174/157)

WRITTEN QUESTION E-3690/97

by Jesu· s Cabezo·n Alonso (PSE) to the Commission

(19 November 1997)

Subject: Legal security of investments in Cuba

Do the negotiations and agreements between the Commission and the US Administration offer businesses which
have invested in Cuba the certainty that they will be exempted from any liability resulting from this now and in
the future?

Do  the  negotiations  and  agreements  on  the  Helms-Burton  law  offer  guarantees  of  legal  security  for  these
investments in Cuba?

Joint answer
to Written Questions E-3686/97, E-3687/97, E-3688/97, E-3689/97 and E-3690/97
given by Sir Leon Brittan on behalf of the Commission

(19 December 1997)

The  understanding  with  the  United  States  is  not  unbalanced.  The  Commission  has  brought  a  World  trade
organisation(WTO)  panel  procedure  against  the  Helms-Burton  Act.  The  Commission  considers  that  this
legislation is in violation of international law since it intends to influence (or has the effect of influencing) the
behaviour of Community companies because of their involvement in Cuba. The understanding of 11 April 1997
reached  between  the  Community  and  the  US  on  the  Helms-Burton  Act  and  the  D(cid:146)Amato  Act,  by  which  the
Community agreed to suspend its WTO case regarding the former, calls for the development of disciplines which
(cid:145)should  inhibit  and  deter  the  future  acquisition  of  investments  from  any  State  which  has  expropriated  or
nationalised such investments(cid:146). In addition, and in parallel, the understanding also calls for the Community and
the US to work together to address and resolve through agreed principles the issue of conflicting jurisdictions and
secondary boycotts. It is important to note that the discussions between the Community and the US on this point
are in symmetry with the discussions on investment disciplines. These talks are currently taking place with a
view to finding an acceptable deal which will trigger a waiver under title IV of the Helms-Burton Act, thereby
neutralising the extraterritorial effects of this Act.

In addition, the Community made clear that no settlement of the differences over the Helms-Burton Act will be
implemented unless the United States has also granted Community companies a waiver under the D(cid:146)Amato Act.