Case No. DPRK2-2016-336349-1

Date issued: Nov. 30 2016

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TURBOFAC Commentary (251 words)

Notes:

1) Read in connection with Calderon-Cardona v. Deutsche Bank Trust Co. Americas 11 Civ. 3288, (Dkt. No. 90) (SDNY, 2006) -- U.S. Statement of Interest. There, the government argues that the funds that appear to be the subject of this request were not attachable because they were not "property of" the Government of North Korea within the meaning of FSIA, but instead merely property in which that government had an "interest," and that in any event OFAC needed to issue a license for the funds to be attachable.

This letter follows a request pursuant to a finding that certain funds did meet the "property of" standard of FISA. Still, OFAC appears to have a general policy of denial with respect to the granting of license applications for the unblocking of assets pursuant to claims under