Sanctions-related Judicial Opinion - Capital Cities/ABC, Inc. v. Brady, 740 F. Supp. 1007 (S.D.N.Y. 1990)

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Try typing your search term (“ordinarily resident,” “new debt,” or something else) in the “Find a Search Filter” box at the top of the page, and the corresponding “Key Legal Issues” check box will pop up instantly, if one exists. Once you check the box (e.g. “new debt,” with ~55 results), you can always use the text string filtration function to further refine your search (e.g. by typing “invoice” and narrowing the ~55 results to ~10).

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TURBOFAC Commentary (1248 words)

Notes:

1) The Capital Cities/ABC case is typically cited alongside Cernuda v. Heavy as one of the two cases that led to the 1994 "Free Trade in Ideas" Amendment to the pre-existing Berman Amendment of /TWEA. While OFAC's actions that led to Cernuda v. Heavy ("artwork" considered outside the scope of "informational materials") would clearly come out different today in light of the Free Trade in Ideas Amendment [1], the end result of the Capital Cities case would, potentially, be the same, at least in the view of OFAC.

Understanding this case in relation to the amendment to the statutes it led to is important context for understanding the scope of the "not yet created and completed" carveout to the informational materials exemption, and why OFAC appears to, in certain circumstances, take a relaxed approach to its...

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Capital Cities/ABC, Inc. v. Brady, 740 F. Supp. 1007 (S.D.N.Y. 1990)

TURBOFAC Commentary (1248 words)