Foreign Narcotics Kingpin Designation Act [Selected provisions]

Date issued: Dec. 03 1999

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TURBOFAC Commentary (742 words)

Notes:

1) Along with the Sergei Magnitsky Rule of Law Accountability Act (Magnitsky Act) and resulting Magnitsky Act Sanctions Regulations, the Foreign Narcotics Kingpin Designation Act (FNKDA) and resulting Foreign Narcotics Kingpin Sanctions Regulations FNKSR are the other set of full blocking based sanctions regulations that derives directly from a statute, without the intermediation of an executive order.

In several respects, the FNKSR are quirky vis-a-vis the typical IEEPA-based blocking regulation as a result of the level of detail contained in this statute. This includes the definitions of terms unique to the FNKSR, as well as the fact that, at least in theory, assets that are "controlled" by blocked persons are blocked by operation of law but (see 598.202, comments thereto, as that provision is interpreted in...