Notable Examples Illustrating the Operation of the "Interest" Concept as Applied to Non-blocked Persons with Close Relationships to Blocked Persons (System Ed. Note)

Last substantive commentary amendment:
Aug. 13 2023

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TURBOFAC Commentary (2173 words)

Examples Illustrating the Operation of the “Interest" Concept as Applied to Non-blocked Persons with Close Relationships to Blocked Persons

1) A blocked person "has an interest in all property...of an entity in which it owns, directly or indirectly, a 50 percent or greater interest. The property and interests in property of such an entity, therefore, are blocked..." (e.g. 542.411). A blocked person does NOT necessarily have an "interest" in the assets or transaction of any entity in which it owns a 49% interest, even if it "controls" the entity (except in the case of blocking programs that block entities controlled by blocked persons). OFAC SpaceX Litigation Correspondence, FAQ # 368, FAQ # 398, NGO-Humanitarian Guidance, Case No. IA-2013-302020-1, General Note on the Distinction Between Blocked Person "Control" Over Property and "Control" over the Assets of a Company Controlled by a...