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Case No. VENEZUELA-EO13884-2023-1057131-1
Office of the Clerk
United States District Court, District of Delaware
844 North King St., Unit 18
Wilmington, DE 19801-3570
Attn: John A. Cerino
RE: Authorization from the Office of Foreign Assets Control to Issue and Serve Writs of Attachment to Judgment Creditors for shares of PDV Holding, Inc.
Dear Mr. Cerino:
The Office of Foreign Assets Control (OFAC) has issued a license to the Clerk of the Court for the District of Delaware, related to the Order issued by the Court on March 23, 2023, authorizing the issuance and service of writs of attachment fieri facias granted by the Court to judgment creditors against shares of PDV Holding, Inc., owned by Petroleos de Venezuela, S.A. ("PdVSA").
Executive Order (E.O.) 13850 of November 1, 2018, "Blocking Property...
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1) BACKGROUND
This is an extremely rare specific license, rare in that it is issued to a U.S. federal court, and also rare in that it is issued sua sponte, i.e. not in response to an "application".
The issuance of the specific license and associated transmittal letter were done on the same day as OFAC's May 1, 2023 indirect intervention in the long-running Crystallex case referenced in the transmittal letter, in which OFAC, among other things published FAQ # 1123, specifying that it would take a "non-enforcement posture" vis-à-vis any person "participating in, facilitating, or complying with the prefatory steps set out in the [Crystallex] court’s Sale Procedures Order" found at p. 782 of the Crystallex Docket File.
As discussed in detail in Consolidated Comment on Crystallex International Corporation v. Bolivarian Republic of Venezuela (D. Del, 2017...