OFAC Interpretive Guidance - Case No. BEL-2012-295200-1, Case No. BEL-2012-300832-1 [Documents related to subsequent legal challenge in original PDF].

Ed. Note: if you’re new to TURBOFAC, please take note that the text string filtration function generally shouldn’t be used for terms such as “ordinarily resident,” “causing” or “new debt”. For research on the meaning of words and phrases such as those, i.e. terms central to the key legal issues in sanctions law that appear on a cross-programmatic basis, you’re typically better off locating and checking the appropriate box in the “Key Legal Issues” search category, which will limit the results to those that have been manually assessed as being relevant for the interpretation of the terms at issue.

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).

Note in addition that the same applies to text string searches such as “14071” (if you’re looking for items related to EO 14071). By typing “14071” in the “Find a Search Filter” field up top, you will be able to instantly narrow the results down to items manually assessed as relating to EO 14071. Ditto terms such as “515.204” or “Iran General License G” (try the “Discrete Legal Provision” search category). Please contact [email protected] or [email protected] with any questions on search results and efficiency.

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TURBOFAC Commentary (1715 words)

Notes:

1) Main documents are the denial of a license request that resulted in OKKO Business PE v. Lew, No. 14-cv-925 (D.D.C., 2015). These comments assume familiarity with the documents in the attached PDF file.

2) EXTINCTION OF "INTEREST" BY OPERATION OF LAW

While comparable in some ways to Zarmach Oil Servs., Inc. v. U.S. Dep't of the Treasury, 750 F. Supp. 2d 150, the OKKO case is unique in comparison to other litigation arising out of denials for requests for unblocking.

First, it is notable that the bank that froze the funds at issue was a Ukrainian branch bank of a U.S. person bank, thereby qualifying it for status as a "U.S. person" under the Belarus Sanctions Regulations (compare subsidiaries of U.S. persons, which are not subject to the

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Case No. BEL-2012-295200-1, Case No. BEL-2012-300832-1 [Documents related to subsequent legal challenge in original PDF].

TURBOFAC Commentary (1715 words)