LICENSE No. UKRAINE-EO13660-2016-328924-1 [Application Included in Original PDF]

Date issued: Aug. 20 2016

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TURBOFAC Commentary (1048 words)

Notes:

1) Third of three applications/OFAC responses issued in connection with the same case; see (a) Case No. UKRAINE-EO13660-2015-323659-1 and (b) LICENSE No. UKRAINE-EO13660-2016-326950-1, LICENSE No. UKRAINE-EO13660-2016-326950-2, and comments thereto, for more background.

2) This license and application (attached in native PDF file) were drafted subsequent to the issuance of the final arbitral award, issued under OFAC license. While LICENSE No. UKRAINE EO13660-2016-326950-2 makes clear that the issuance of a final arbitral award is a transaction ordinarily incident to the arbitral hearing itself, OFAC, in issuing this license, appears to not view the actual enforcement of the arbitral award to be incident to the underlying arbitration. Such enforcement is clearly excluded in the WARNINGS section of the LICENSE No. UKRAINE EO13660-2016-326950-2 that excluded from the scope of the license "the entry of any judgment or order that effects a transfer of blocked property, or the execution...