Notice Regarding the Transfer of Claims against Cuba Certified by the Foreign Claims Settlement Commission

Date issued: Jul. 29 2008

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TURBOFAC Commentary (551 words)

Notes:

1) In Dames & Moore v. Regan, 453 U.S. 654 (1981), one of the few Supreme Court cases dealing with the scope of the President's authority under IEEPA and/or TWEA, the court held "although the IEEPA authorized the nullification of the attachments [arising from claims against Iran], it cannot be read to authorize the suspension of the claims. The claims of American citizens against Iran are not in themselves transactions involving Iranian property or efforts to exercise any rights with respect to such property."

Since then, there appears to be nothing on OFAC's website speaking to the question of whether it considers the act of bringing claim against a blocked person to itself constitute dealing in be "property" in which that person has an interest,...