General Note on the Scope of the Self-executing Blocking Prohibitions Depending on Whether OFAC has made an Affirmative Determination as to a Given Set of Facts (System Ed. Note)

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TURBOFAC Commentary (5223 words)

General Note on the Scope of the Self-executing Blocking Prohibitions Depending on Whether OFAC has made an Affirmative Determination as to a Given Set of Facts (System Ed. Note)

1) INTRODUCTION; THE “HAS AN INTEREST” IN FACT VS. “COULD BE DETERMINED TO HAVE AN INTEREST” IN THEORY GAP CONCEPT

Identifying the full reach of the scope of the basic blocking provisions found at 5XX.201 in most sanctions regulations is one of the trickier, but most important issues that arises in connection the application of OFAC-administered sanctions laws. This note addresses one underappreciated issue in that respect, an understanding of which can inform determinations as to whether a given piece of "property" is likely to be considered "property" in which a blocked person "has an interest" within the meaning of the standard blocking provision.

In short, the notion of “property in which” a blocked person...