Exxon Mobil Corp. v. Corporación Cimex, S.A.
Case Overview
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Decision
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Opinion of the Court
The Facts
After Cuba's revolution, the Castro government expropriated oil and gas assets owned by Exxon's predecessor, Esso. Congress enacted the Helms-Burton Act (LIBERTAD Act) in 1996, creating a private right of action against entities that 'traffic' in confiscated Cuban property. Exxon sued Cimex, a Cuban state-owned company, under Title III of the Act, but courts divided on whether sovereign immunity under the FSIA bars such claims independently of Title III.
The Issue
Whether Title III of the Helms-Burton Act alone abrogates the sovereign immunity of Cuban state instrumentalities, or whether plaintiffs must independently satisfy an exception under the Foreign Sovereign Immunities Act to proceed.
The Rules
Creates a civil cause of action for U.S. nationals against persons that traffic in property confiscated by the Cuban government after January 1, 1959.
Foreign states are immune from U.S. jurisdiction unless a statutory exception applies; FSIA is the sole basis for suing foreign states in U.S. courts.
The Application
Exxon argues Title III of the Helms-Burton Act creates an independent right of action against those trafficking in confiscated property and independently abrogates sovereign immunity of Cuban state entities. Congress expressly intended Title III to override immunity — the statute's text and history demonstrate no separate FSIA exception is required.
Corporación Cimex argues the FSIA provides the exclusive framework for sovereign immunity, and Title III does not expressly abrogate it. Without independently satisfying an FSIA exception, plaintiffs cannot sue a foreign sovereign instrumentality regardless of what the Helms-Burton Act authorizes on the merits.
Argued February 23, 2026. The case tests whether Congress can abrogate sovereign immunity through a specific statute without relying on the FSIA's exceptions framework. Title III was suspended by every president from 1996 until Trump activated it in 2019 — this is the first Supreme Court test of its reach against Cuban state entities.
The Conclusion
The Court held 6-3 that the Helms-Burton Act creates a specific exception to foreign sovereign immunity, allowing U.S. courts to hear suits against Cuban government-owned entities that trafficked in confiscated American property. Exxon's claims against the Cuban state corporation may proceed in federal court.
The U.S. grants general sovereign immunity, but the Helms-Burton Act explicitly restricts that immunity for Cuban agencies when sued under the Act. Suits against Cuba may continue.
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