Jul 3/Jun 5, 2024 Informal West Bank-Related Guidance [Application included], and Comments on Related Litigation

Date issued: Jul. 05 2024

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TURBOFAC Commentary (2086 words)

Notes:

1) Background

The OFAC Compliance Hotline guidance requests that are the subject of this item are not, in and of themselves, particularly illuminating as it relates to OFAC’s law and practice, but the guidance read in light of the incoming requests and subsequent federal court complaint are notable for reasons described further below.

On February 1, 2024 (all dates referenced below 2024 unless otherwise specified), President Biden issued EO 14115, which contains a number of designation criteria related to the West Bank, including engaging in actions “directing, enacting, implementing, enforcing, or failing to enforce policies — that threaten the peace, security, or stability of the West Bank”. The designation criteria are limited to “foreign persons” (a term undefined in the EO).

Concurrent with the issuance of the EO, the State Department designated certain Israeli individuals,...