Dear Sadek, On June 23, 2011, I communicated the attached letter to Department of Treasury “OFAC.” The petition sought more than just obtaining a licenses. It challenged the actual seizure itself and sought to have OFAC release all the vehicles without the condition stated in their notification letter requiring a deposit of funds be made equal to the value of the vehicles. I expect OFAC to act on this letter in the next month. If they do not, I will recommend that we take legal action. Pursuant to OFAC’s letter to you of May 20, 2011, “OFAC is authorizing CBP to release from detention any vehicle that is being held as blocked property pursuant to the Regulations as a result of the designation described above.” (Emphasis added). The letter goes on to say, in the same paragraph “However, these vehicles remain blocked and cannot be sold, transferred, exported, or otherwise dealt in without additional authorization, in the form of a license, from OFAC.” (Emphasis in original). The text of the paragraph makes clear that while the vehicles remain blocked, OFAC has authorized CBP to release the vehicles from detention. As this letter makes clear, OFAC has authorized CBP to release the vehicles. I discussed this with Mr. Sean Kane who is the licensing official. He agreed that the language of the letter suggests that the vehicles are released but may not be transacted in. He stated, however, that it is a mistake and the vehicles are not released. This is, of course, very inconvenient because it makes it difficult for us to understand what to when their own letters are misleading. I explained that to them and said that I am prepared to file an action in Federal Court to force release of the vehicles. At that he assured me that there is no need to do the RIGHT NOW because they are taking our petition seriously and intend to act on it. Based on his representations, I recommend we give them until the end of July. If they do not act by the end of July, you and I will sit down again and discuss our next action which will probably be court action. I have attached my letter and email to them to share with your clients. Sincerely, Haytham Faraj, Esq. PUCKETT & FARAJ, PC _______________________ WASHINGTON DC METRO The Law Firm of Puckett & Faraj, PC 1800 Diagonal Road Suite 210 Alexandria, VA 22314 703-706-0442 Phone 202-280-1039 Fax DETROIT METRO The Law Firm of Puckett & Faraj, PC 313-457-1390 Phone 202-280-1039 Fax The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution. |
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license ltr to treasury.pdf
Description: Adobe PDF document