ExxonMobil Asks U.S. Supreme Court to Review Cuba Asset Seizure Case

ExxonMobil has formally petitioned the U.S. Supreme Court to review its lawsuit against Cuba’s state-owned companies CIMEX and CUPET, stemming from the confiscation of Exxon’s assets during the early years of the Cuban Revolution.

At the heart of the case is the Helms-Burton Act, a 1996 U.S. law that allows American nationals to seek compensation for property nationalized by the Cuban government without compensation. Exxon claims it is entitled to sue under this law for damages related to its former oil refineries and service stations on the island.

Exxon argues that Congress intended to create an exception through Helms-Burton, allowing such claims to proceed. The company argues that the Helms-Burton Act created a legal pathway to pursue claims in U.S. courts, and that lower courts erred in shielding Cuban entities under the Foreign Sovereign Immunities Act. ExxonMobil maintains that sovereign immunity should not apply in cases where Congress has authorized legal action for trafficking in confiscated property, and warns that the ruling below closes the door to justice for other U.S. companies with similar claims.

In response, Cuban entities CIMEX and CUPET contend that they are protected under the Foreign Sovereign Immunities Act, which limits lawsuits against foreign governments and their instrumentalities.

Lower courts have dismissed the case, citing protections under the Foreign Sovereign Immunities Act. However, Exxon argues that Congress intended to create an exception through the Helms-Burton, allowing such claims to proceed. The company also points to the broader implications for American businesses seeking long-overdue restitution.

The case has now been distributed for consideration at the Supreme Court’s May 2, 2025 conference. If accepted, it could become a landmark legal battle with major consequences for U.S.–Cuba relations and the future of claims tied to confiscated property.