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LICENSE No. NPW-143
(Granted under the authority of 50 U.S.C. §§ 1701 et seq., 50 U.S.C. §§ 1601 et seq., 3 U.S.C. § 301, Executive Order 13382 and 31 C.F.R. Part 501.)
To: Berliner, Corcoran & Rowe, L.L.P.
1101 17th Street, NW, Suite 1100
Washington, DC 20036-4708
Attn: Wayne H. Rusch, Esq.
1. Based on your letter of December 7, 2007, to the Office of Foreign Assets Control on behalf of Bank Melli of the Islamic Republic of Iran (the "Application"), and information otherwise available to the Office of Foreign Assets Control, the transactions and activities delineated in this License are hereby authorized.
2. This License is granted upon the statements and representations made in the Application or otherwise filed with or made to the Treasury Department as a supplement to the Application and is...
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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...