General Note on the Relationship Between OFAC's Regulatory Practices and the “Fair Notice” / “Fair Warning” Requirements of the U.S. Constitution and Administrative Procedure Act [A]

Last substantive commentary amendment:
Jul. 06 2024

You've hit a wall. Sign in if you have an account, or learn more about TURBOFAC and subscription options.
TURBOFAC is a module of the compliance platform OverRuled. To learn more about OverRuled, visit www.overruled.com.

TURBOFAC Commentary (6079 words)

General Note on the Relationship Between OFAC's Regulatory Practices and the “Fair Notice” / “Fair Warning” Requirements of the U.S. Constitution and Administrative Procedure Act

 

1)     OVERVIEW – AGENCY DEFERENCE AND CERTAIN PROCESS-BASED LIMITATIONS THEREON

 

2)     THE PRACTICAL IMPLICATIONS OF “NOTICE” ON OFAC’S REGULATORY PRACTICES

 

            i) The “Fair Notice” Requirement as an “Invisible Hand” in Enforcement Actions and Regulatory Action in General

 

3)     THE IMPORTANCE OF COMPLIANCE WITH REFERENCE TO THE FULL RECORD OF OFAC’S “AUTHORITATIVE” OR “OFFICIAL POSITIONS”

 

            i) What “Counts” for “Fair Notice” Purposes

 

                   a.     FAQs, Advisories and Other Published Guidance Documents.

                   b.     Legal Interpretations Announced in Published Enforcement Release Web Posts and Settlement Agreements

                   c.      Positions Taken by OFAC, or the DOJ Representing OFAC, in Litigation

                   d.     Unpublished Private Interpretive Guidance Letters

                   e.     Unwritten Statements Made by OFAC and/or Other Treasury Officials in Speeches and in Private,...