DECLARATION OF STEVEN J. WELLS
I, Steven J. Wells, declare that if called as a witness in this proceeding, I could and would competently testify to the following based on my personal knowledge:
1. I am a partner in the law firm of Dorsey & Whitney LLP, and am one of the attorneys representing Foreign Representative Banco de los Trabajadores, S.A. ("BanTrab") in communications with the Office of Foreign Assets Control ("OFAC"), of the United States Department of the Treasury.
2. Attached hereto as Exhibit 1 is a true and correct copy of an email communication that I received on January 3, 2020, from Andrew Winerman, an Attorney-Advisor in the Office of the Chief Counsel of OFAC, which followed a consultation that I made to OFAC and conversations with Mr. Winerman, in my capacity as one of the attorneys representing Foreign Representative BanTrab....
1) The question addressed here was whether a non-sanctioned person (here a non-U.S. person) required a specific license to intervene in various U.S. court proceedings to prevent the attachment (pursuant to TRIA) by third parties of blocked property. See native PDF. It is clear that a potential judgment creditor does not require a specific license to pursue the attachment of blocked property, i.e. seek a determination from a court as to whether the conditions for attachment have been satisfied (this is true whether or not the legal basis for the attachment would be TRIA). See Case No. FNK-2013-299796. The same (implicitly) goes for the provision of legal services by U.S. persons in connection with the pursuant of attachments
However, there has been no clear guidance of which we are aware that addresses the provision of legal services...