Case No. SDGT-1471-1 [Application included in PDF]

Date issued: Feb. 15 2013

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TURBOFAC Commentary (147 words)

Notes:

1) This is a rare case in which a license application that was pending for about 2.5 years was returned without action due to a "Lack of foreign policy guidance from the U.S. Department of State." Lengthy delays in licensing applications, both in terms of specific license and guidance requests, are frequently owed to delays caused by the need for interagency consultation (usually with the State Department). This is the only example of which we are aware in which an otherwise non-defective license application was returned without action due to inaction on the part on the State Department. It is unclear whether the purpose of the RWA, as opposed to a outright denial, was motivated by a desire to avoid a “final agency action” that would be subject to judicial review.

2) The case number is redacted, but discernible from