LICENSE No. NPW-143

Date issued: Dec. 26 2007

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TURBOFAC Commentary (337 words)

Notes:

1) In American Airways Charters, Inc. v. Regan, 746 F.2d 865 (D.C. Cir. 1984), the D.C. Circuit holds that OFAC's jurisdiction does not extend to the formation of attorney-client relationships in the context of U.S.-based legal proceedings. OFAC does appear to recognize that a license is not required for the mere representation of blocked persons in U.S.-based legal proceedings. See e.g. the USG/OFAC appellate brief in Empresa Cubana Exportadora v. Department of Treasury, et al. (D.C. Cir. 2011). The brief cites American Airways Charters, Inc. for the proposition that the "CACR do not [] prevent the mere formation of an attorney-client relationship," though it is the case that a U.S. person "lawyer is unable to receive compensation for fees and expenses incurred in representing [sanctioned] entities in legal proceedings without a specific license from OFAC, and that "a lawyer...