Delisting Guidance for Those Designated for Sanctions by the Department of State

Date issued: Feb. 23 2024

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TURBOFAC Commentary (344 words)

Notes:

1) See 501.807, and comments thereto. This guidance was adopted to account for the fact that 501.807 of the RPPR does not set out procedures for the State Department’s reconsideration of its own designations as an “adjudicating agency” (thereby leaving State Department designations vulnerable to judicial challenge (see https://storage.courtlistener.com/recap/gov.uscourts.dcd.257530/gov.uscourts.dcd.257530.1.0.pdf, a Jul 17, 2023 complaint which may have led to the SDN’s September 14, 2023 removal from the SDN list (see https://ofac.treasury.gov/recent-actions/20230914).

2) The guidance specifies that:

Receipt of payment for such services from sources outside of the United States is also authorized by GL in many programs and is routinely authorized by specific license in others. Even if the person making the payment to the lawyer is not the SDN (such...