Capital Cities/ABC, Inc. v. Brady, OFAC Director's Declaration (1990)

Date issued: Feb. 01 1990

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TURBOFAC Commentary (470 words)

Notes:

1) See comments to Capital Cities/ABC, Inc. v. Brady, 740 F. Supp. 1007 (S.D.N.Y. 1990), for more on the substance of the case itself, and the extent to which the views expressed in the Newcomb declaration have been rendered redundant by the 1994 Free Trade in Ideas Amendment to IEEPA.[1] The scope of the term "informational materials" is manifestly broader than it was when this was written, but there appears to still be an open question of whether OFAC can regulate transactions for telecommunications transmissions entered into prior to the "creation" of the information to be transmitted.

2) Other than the views expressed here that have been effectively overruled by the Free Trade in Ideas Amendment, OFAC makes a notable statement concerning the relationship between "negotiations" and the scope of the term "service."

"While TWI represented that...