Case No. CT-2014-313525-2

Date issued: Feb. 06 2016

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TURBOFAC Commentary (731 words)

Notes:

1) For background on the facts concerning this case, see e.g. https://www.reuters.com/article/us-usa-cuba-missile-idUSKCN0VM0VN ("U.S. recovers Hellfire air-to-ground missile from Cuba"). As described in the article, which was published on February 13, 2016, i.e. just two weeks after the issuance of this guidance letter, "[t]he laser-guided AGM 114 Hellfire mistakenly arrived in Cuba in June 2014 and was retrieved on Saturday by U.S. officials and representatives of Lockheed Martin Corp, the missile’s owner, the Cuban foreign ministry said in a statement." Also, "A team of U.S. government and Lockheed Martin experts took the missile back to the United States..."

Evident from the guidance letter is that Lockheed initially had a specific license to "to engage in all transactions necessary and incidental to arranging for the return to the United States [from Cuba] of an inert Hellfire Captive Air Training Missile...," and that, in the...