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Substitute payor

Definition

A concept used by respondent to describe the unusual role the Helms-Burton Act assigns to traffickers: they effectively stand in for the Cuban government as the entity that must pay just compensation for confiscated property. Only those who traffic in the specific confiscated interest can be put in this position.

Examples

  • Royal Caribbean was alleged to be a substitute payor for Cuba's obligation to compensate Havana Docks, because it used the confiscated docks and paid Cuba for the privilege.

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