Case No. VENEZUELA-EO13850-2020-366869-1

Date issued: Sep. 10 2021

Last substantive commentary amendment:
May. 01 2023

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TURBOFAC Commentary (707 words)

Notes:

1) Background:

For detailed commentary concerning the context of the license application and broader litigation to which this letter relates, see Consolidated Comment on Crystallex International Corporation v. Bolivarian Republic of Venezuela (D. Del, 2017 - ) (the “Crystallex Comment”).

Relative to all other OFAC license request denial letters that we have on file, this letter is one of a kind in terms of OFAC’s willingness to actually address the applicant’s arguments on their merits and provide details concerning the underlying policy rationale. There is a substantial probability that the motivating reason for the relative verbosity was a concern that a thin response would be the subject of an “arbitrary and capricious” APA-based lawsuit (compare generally Consolidated Comment on US VC Partners GP LLC et al. v. OFAC, and Selected Documents Associated with...