Sanctions-related Statute - Foreign Sovereign Immunities Act (28 U.S.C. §1605A; §1605B; §1610); Terrorism Risk Insurance Act (28 U.S.C. §1610 note)

Ed. Note: if you’re new to TURBOFAC, please take note that the text string filtration function generally shouldn’t be used for terms such as “ordinarily resident,” “causing” or “new debt”. For research on the meaning of words and phrases such as those, i.e. terms central to the key legal issues in sanctions law that appear on a cross-programmatic basis, you’re typically better off locating and checking the appropriate box in the “Key Legal Issues” search category, which will limit the results to those that have been manually assessed as being relevant for the interpretation of the terms at issue.

Try typing your search term (“ordinarily resident,” “new debt,” or something else) in the “Find a Search Filter” box at the top of the page, and the corresponding “Key Legal Issues” check box will pop up instantly, if one exists. Once you check the box (e.g. “new debt,” with ~55 results), you can always use the text string filtration function to further refine your search (e.g. by typing “invoice” and narrowing the ~55 results to ~10).

Note in addition that the same applies to text string searches such as “14071” (if you’re looking for items related to EO 14071). By typing “14071” in the “Find a Search Filter” field up top, you will be able to instantly narrow the results down to items manually assessed as relating to EO 14071. Ditto terms such as “515.204” or “Iran General License G” (try the “Discrete Legal Provision” search category). Please contact [email protected] or [email protected] with any questions on search results and efficiency.

Please click "Apply Text String Filters" again after clicking the "Close" button immediately below.

TURBOFAC Commentary (422 words)

Notes:

1) The first three provisions reproduced here are the primary provisions under the Foreign Sovereign Immunities Act (FSIA) that govern whether a given blocked asset is, in theory, subject to attachment. While 28 U.S.C. §1605A, §1605B and §1610 feature frequently in OFAC-related attachment litigation, it appears that attachments are rarely, if ever, made as a result of those provisions. This is because, unlike the Terrorism Risk Insurance Act (28 U.S.C. §1610 note (TRIA)), judicial orders granted pursuant to permitting the attachment of assets frozen by OFAC still require a license from OFAC.

While OFAC is theoretically open to granting such licenses, there is little evidence that it does so in practice. See e.g. Case No. DPRK2-2016-336349-1, and read in conjunction with Calderon-Cardona v. Deutsche Bank Trust Co. Americas 11 Civ. 3288, (Dkt....

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Foreign Sovereign Immunities Act (28 U.S.C. §1605A; §1605B; §1610); Terrorism Risk Insurance Act (28 U.S.C. §1610 note)

TURBOFAC Commentary (422 words)