Dames & Moore v. Regan, 453 U.S. 654 (1981)

Date issued: Jul. 02 1981

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TURBOFAC Commentary (1367 words)

Notes:

1) Up through 1/2021, this case stands out as the only Supreme Court case in history interpreting and centering around the scope of IEEPA as it relates to OFAC-administered sanctions regulations and IEEPA’s general grant of Presidential authority.

2) With the following exceptions, the background and procedural posture underlying the case are generally irrelevant to OFAC's subsequent administration of sanction and ordinary compliance concerns.

2a) OFAC'S AUTHORITY TO REGULATE LITIGATION INVOLVING BLOCKED PERSONS AND/OR THEIR PROPERTY

The court in Dames & Moore upheld OFAC's authority to nullify attachments of property in which blocked persons had an interest as being within the scope of IEEPA. Its treatment of the question of whether OFAC could "settle claims" of U.S. persons against Iran, and in doing so prevent claims from being brought in...