General Note on "Effective Date" Provisions (System Ed. Note)

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TURBOFAC Commentary (1130 words)

General Note on "Effective Date" Provisions (System Ed. Note)

1) BACKGROUND

Except insofar as dates and authorities referred to in "effective date" provisions change depending on the sanctions regulations at issue, the "effective date" definitional provision in most sanctions regulations is, substantively, boilerplate across programs involving the blocking of property.

The typical provision reads as follows, using 578.304 (Cyber) as illustrative:

"The term effective date refers to the effective date of the applicable prohibitions and directives contained in this part, and, with respect to a person whose property and interests in property are blocked pursuant to §578.201, is the earlier of the date of actual or constructive notice that such person's property and interests in property are blocked."

When sanctions regulations incorporate provisions having different effective dates, this is specified.

Note that the...