Comments on: Punching BAWAG http://www.exportlawblog.com/archives/211 Latest News on DDTC, BIS, OFAC, and other export law matters Thu, 29 Jul 2010 15:45:32 +0000 hourly 1 http://wordpress.org/?v=3.0 By: Mike Deal http://www.exportlawblog.com/archives/211/comment-page-1#comment-3485 Mike Deal Fri, 17 Aug 2007 14:04:07 +0000 http://www.exportlawblog.com/archives/211#comment-3485 Clif: Isn't this a classic conflict of laws case? Wouldn't the citizenship of the poor lady in Austria be affected by Austrian law as well as Castro's long arm, requiring the balancing test suggested by the Restatement of Conflict of Laws (for OFAC purposes, for Austrian/EU purposes they would use their own private international law rules). Clif: Isn’t this a classic conflict of laws case? Wouldn’t the citizenship of the poor lady in Austria be affected by Austrian law as well as Castro’s long arm, requiring the balancing test suggested by the Restatement of Conflict of Laws (for OFAC purposes, for Austrian/EU purposes they would use their own private international law rules).

]]> By: Clif Burns http://www.exportlawblog.com/archives/211/comment-page-1#comment-3466 Clif Burns Thu, 16 Aug 2007 19:37:16 +0000 http://www.exportlawblog.com/archives/211#comment-3466 Good point, Marv! There must be a theory that once a Cuban national hits dry land in the U.S. they are no longer Cuban. In fact <a href="http://a257.g.akamaitech.net/7/257/2422/22jul20061500/edocket.access.gpo.gov/cfr_2006/julqtr/pdf/31cfr515.505.pdf" rel="nofollow">31 CFR 515.505</a> provides for transactions with Cubans once they are paroled into the United States. So Cubans that become Americans can be unblocked, but Cubans who become Austrian are not -- hence the reason for the plight of Ms. Cajigal-Ramirez. Good point, Marv!

There must be a theory that once a Cuban national hits dry land in the U.S. they are no longer Cuban. In fact 31 CFR 515.505 provides for transactions with Cubans once they are paroled into the United States. So Cubans that become Americans can be unblocked, but Cubans who become Austrian are not — hence the reason for the plight of Ms. Cajigal-Ramirez.

]]> By: Marv Wood http://www.exportlawblog.com/archives/211/comment-page-1#comment-3464 Marv Wood Thu, 16 Aug 2007 17:01:14 +0000 http://www.exportlawblog.com/archives/211#comment-3464 Doesn't keep them from becoming Secretary of Commerce. Doesn’t keep them from becoming Secretary of Commerce.

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