Consarc Corp. v. Iraqi Ministry, 27 F.3d 695 (D.C. Cir. 1994) (Consarc I)

Date issued: Jul. 12 1994

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TURBOFAC Commentary (2490 words)

Consolidated Comments on The Consarc Items

This Comment addresses the following items:

(i) Consarc Corp. v. Iraqi Ministry (Consarc I)- OFAC/USG Appellate Brief (1994)
(ii) Consarc Corp. v. Iraqi Ministry, 27 F.3d 695 (D.C. Cir. 1994) (Consarc I)
(iii) Consarc Corp. v. Iraqi Ministry (Consarc II)- OFAC/USG Appellate Brief (1994)
(iv) Consarc Corp. v. U.S. Treasury Dep't, Office of Foreign Assets Control, 71 F.3d 909 (D.C. Cir. 1995) (Consarc II)

See each of those documents for the full factual background of the cases. The sum of the two appeals court decisions—in addition to OFAC's arguments and interpretations of the applicable regulations—is particularly notable for their treatment of issues concerning i) the notion of having an "interest" in property in the context of letter of credit transactions, and ii) the extent to which courts may...