General Note on the Legal Status of Discussions, Negotiations, Contracts and Other Pre-transactional Activities (System Ed. Note) [A]

Last substantive commentary amendment:
Dec. 19 2023

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TURBOFAC Commentary (18142 words)

General Note re: the Legal Status of Discussions, Negotiations, Contracts and other Pre-transactional Activities (System Ed. Note)

 

Contents

 

1)         INTRODUCTION

 

2)         GENERAL BACKGROUND

                                

3)         ENTRY INTO DEFINITIVE CONTRACTS FOR OTHERWISE PROHIBITED ACTIVITY IS ALWAYS A VIOLATION – BLOCKING REGULATIONS OR OTHERWISE

 

4)         THE TREATMENT OF “NEGOTIATION” AND OTHER PRE-TRANSACTIONAL ACTIVITIES UNDER BLOCKING REGULATIONS -- LEGAL BASES FOR PROHIBITIONS

a.         Negotiations Focusing on Property in Which a Blocked Person has an Interest as a “Service” to the Person Having an Interest in the Property

b.         Negotiations Focusing on Blocked Property as a “Dealing in” the Blocked Property Itself, Whether or not a “Service” is Provided to a Blocked Person Having an Interest in the Property

c.         Negotiations with or Involving Blocked Persons; Whether or Not the Negotiation Itself Involves or Focuses on Blocked Property

 

5)         “INDIRECT NEGOTIATIONS” WITH,...