Consolidated Comment on Crystallex International Corporation v. Bolivarian Republic of Venezuela ​(1:17-mc-00151) (D. Del, 2017 - ) , and Selected Documents Associated with the Litigation (System Ed. Note)

Last substantive commentary amendment:
Mar. 27 2024

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TURBOFAC Commentary (8385 words)

Consolidated Comment on Crystallex International Corporation v. Bolivarian Republic of Venezuela (1:17-mc-00151) (D. Del, 2017 - ) , and Selected Documents Associated with the Litigation

 

0.1) THE MAY 1, 2023 "NONENFORCEMENT POLICY" AND OTHER KEY UPDATES

 

1) GENERAL BACKGROUND

 

2) PRE-WRIT ISSUES: COURT ISSUES WRIT OF ATTACHMENT FOCUSING ON PROPERTY SUBJECT TO OFAC RESTRICTIONS SHORT OF BLOCKING; OFAC APPEARS TO RECOGNIZE VALIDITY

  2a) The Writ Issued to Crystallex

  2b) The Issuance of Writs of Attachment Focusing on Blocked Property; Conditional Writs of Attachment Focusing on Blocked Property

 

3) POST-WRIT ISSUES: OFAC’S VIEW OF ITS JURISDICTION VIS-À-VIS “PREFATORY STEPS” OF COURTS TO EFFECT THE JUDICIAL SALE OF BLOCKED PROPERTY WITHOUT A LICENSE; ROLE OF THE “OFFICIAL BUSINESS” PROVISION

  a) Timeline – Certain notable events subsequent to the issuance of the writ

  b) OFAC/USG Formal Position on “Concrete Steps” Toward an Unlicensed Sale – The July, 2020 Letter to the