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LICENSE No. LB-2013-304927-1
Former Liberian Regime of Charles Taylor Sanctions Regulations
LICENSE
(Granted under the authority of the International Emergency Economic Powers Act (50 U.S.C. §§ 1701 et seq.), the National Emergencies Act (50 U.S.C. § 1601 et seq.), 22 U.S.C. § 287c, Executive Order 13348, and 31 C.F.R. Parts 501 and 593.)
To: Richard Chichakli
c/o Marlon G. Kirton, P.C.
230 Park Ave., Suite 1000
New York, NY 10169
Marlon G. Kirton, P.C.
230 Park Ave., Suite 1000
New York, NY 10169
TD Bank National Association
2035 Limestone Road
Wilmington, DE 19808
Viewpoint Bank National Association
1309 West 15th Street
# 400
Plano, TX 75075
(collectively, the “Licensees”)...
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1) Unusual license illustrative of a licensing policy for the unblocking of funds that is not otherwise discernible from OFAC's regulations and other guidance. Note in addition that the license was issued pursuant to a court order (p. 3 PDF) "directing" OFAC to issue a license unblocking the funds. In theory, OFAC could have refused, setting up a “separation of powers” dispute over OFAC’s authority to deny the unblocking of funds for activities incident to courtroom proceedings. In any event, the license is notable as a rare case of a court directing OFAC to unblock funds, and OFAC acquiescing to the directive. The court order was, arguably, "null and void" as issued, per 593.202(e) ("Except to the extent otherwise provided by law, unless licensed pursuant to this part, any attachment, judgment, decree, lien, execution, garnishment, or other judicial process is null and void with respect to...