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Banco Nacional De Cuba v. First National City Bank of New York. 431 F.2d 394
Published online by Cambridge University Press: 28 March 2017
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- Type
- Judicial Decisions
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- Copyright
- Copyright © American Society of International Law 1971
References
* Case report by Peter D. Trooboff, Esq.
1 376 U.S. 398 (1964); 58 A.J.I.L. 779 (1964).
2 The pertinent part of the Hickenlooper Amendment reads as follows: “Notwithstanding any other provision of law, no court in the United States shall decline on the ground of the federal act of state doctrine to make a determination on the merits giving effect to the principles of international law in a case in which a claim of title or other right to property is asserted by any party including a foreign state (or a party claiming through such state) based upon (or traced through) a confiscation or other taking after January 1, 1959, by an act of that state in violation of the principles of international law, including the principles of compensation and the other standards set out in this subsection . . .” 22 U.S.C. §2370(e)(2)(Supp. V, 1970), Foreign Assistance Act of 1965, Pub. L. 89–171, §301(d)(2)(Sept. 6, 1965), re-enacting with amendments Foreign Assistance Act of 1964, Pub. L. 88–633, §301(d)(4)(Oct. 7, 1964). See also 59 A.J.I.L. 98, 899 (1965).
3 Banco Nacional de Cuba v. The First National City Bank, 270 F. Supp. 1004, 1007 (S.D.N.Y., 1967); 62 A.J.I.L. 182 (1968).
4 270 F. Supp. at 1007–1010.
5 431 F.2d at 399, quoting 376 U.S. at 428.
6 Ibid. 400.
7 Ibid. 402.
8 Ibid.
9 31 C.F.R. §515 et seq. (1970), promulgated under the Trading with the Enemy Act of 1917, as amended, 50 U.S.C. App. §5(b) (1964).
10 22 U.S.C. §§1643–1643k (Supp. V, 1970), as amended by Pub. L. 89–262, §1 (Oct. 19, 1965).
11 431 F.2d 404.
12 Ibid.