Case No. CU-2016-331352-1

Date issued: Nov. 21 2017

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TURBOFAC Commentary (482 words)

Notes:

1) Stichting Het Nederlands Blazers Ensemble is the foundation that owns a Dutch orchestra (https://en.wikipedia.org/wiki/Netherlands_Wind_Ensemble). On January 27, 2016, OFAC issued the expanded 515.545, authorizing transactions “related to the creation, dissemination, artistic or other substantive alteration, or enhancement of informational materials”.

It is not clear exactly what about the Nederlands Blazers Ensemble Cuba-related activities was deemed to qualify for the GL, but what is notable is that this is (as of the date of its inclusion in the Research System) the only “short form” OFAC letter issued to a bank that explicitly states that the blocking of funds was improper due to the existence of a GL.

In this case, OFAC (outside of the context of a “license” and in the context of a determination that OFAC internally characterized as...