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808. Do I need a specific license from OFAC to file a suit in U.S. court against a person designated or blocked pursuant to Venezuela-related sanctions? Does a U.S. court, or its personnel, need a specific license from OFAC to hear such a case?
No. A specific license from OFAC is not required to initiate or continue U.S. legal proceedings against a person designated or blocked pursuant to the Venezuela Sanctions Regulations, 31 CFR part 591 (VSR), or for a U.S. court, or its personnel, to hear such a case. Similarly, creditors may file for writs of attachment without the need for OFAC authorization for matters involving property blocked under the VSR.
However, a specific license from OFAC is required for the entry into a settlement agreement, or for the enforcement of any lien, judgment, or other order through execution, garnishment, or other judicial process purporting...
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1) The original version of FAQ # 808, which was issued on 12-09-2019 concurrently with the now-removed FAQ # 809, was an apparent reaction to attempts of judgment creditors of the Government of Venezuela to have the District Court for the District of Delaware issue writs of attachment (actual and/or “conditional”) on blocked shares of an entity owned by PDVSA, and for the issuance of a "Sales Procedure Order" that would pave the way for the ultimate judicial sale of blocked shares for which an actual writ of attachment (see Crystallex Int'l Corp. v. Bolivarian Republic of Venez., 333 F. Supp. 3d 380 (D. Del. 2018)) that had already been granted. See also FAQ # 809 with respect to OFAC's initial view of the relationship between the blocking prohibition and the prospect of there being a Sales Procedure Order.
The original FAQ,...