Case No. SDGT-847

Date issued: Aug. 14 2007

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TURBOFAC Commentary (262 words)

Notes:

1) Letter gestures at a favorable licensing policy for the payment of lease payments out of blocked funds, where the blocked person is a U.S. person entity (and non-blocked funds are not available).

2) This letter, as with others related to the Kindhearts case, implicitly takes the position that seized "records" are "property" within the scope of the GTSR (594.309). In general, papers that are not negotiable instruments are not "property" that is subject to reporting requirements. It is not clear what standard OFAC used to assert jurisdiction over Kindhearts' "records" as "property". Compare Case Nos. SDGT-572 and SDGT-574; License No. SDGT-572 [Application included] (Kindhearts' lawyer had access to Kindhearts' incoming mail, was directed to move any incoming...