31 CFR § 597.407 - Palestinian Authority.

Date issued: May. 10 2006

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TURBOFAC Commentary (340 words)

Notes Common to "Palestinian Authority" Provisions 594.411 (GTSR), 595.409 (TSR) and 597.407 (FTOSR).

This interpretive provision provides a noteworthy illustration of the extent to which a blocked person can be considered to have an "interest" in the property of some other entity, even when the blocked entity appears to have no legally cognizable property right to the property at issue. In this case, Hamas was blocked, and won a plurality of votes in the Palestinian legislative election 2006, thereby allowing it to select the Prime Minister. Those conditions were sufficient for OFAC to determine that the blocked political party had an "interest" in all transactions involving the Palestinian Authority. This irregular example illustrates why OFAC is particularly hesitant to put any bright lines around the scope of the term "interest."

It should be noted, however, that for the purposes of...