ENF 51470 (Administrative Subpoena)

Date issued: Jun. 05 2018

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TURBOFAC Commentary (300 words)

Notes:

1) The native PDF file contains an administrative subpoena (and related cover letter) (p. 1); response thereto, and “No Action Letter” (p. 3). Compare the administrative subpoena with others, including ENF 51433 (Administrative Subpoena and Related Correspondence). It is relatively standard in breadth. Note the typical disconnect between the scope of the subpoena (501.602 of the RPPR) and the recordkeeping requirement (501.601). 501.602 allows OFAC to ask for items “relative to any property in which any foreign country or any national thereof has or had any interest of any nature whatsoever, direct or indirect”. That includes items that are not actually within the scope of the recordkeeping requirement, e.g. because they are not actually “transaction[s] subject to the provisions of [31 CFR Ch. V]” or because they are...