Comments on: Rum, Embargo-ry and the Lash http://www.exportlawblog.com/archives/231 Latest News on DDTC, BIS, OFAC, and other export law matters Tue, 07 Oct 2008 06:47:22 +0000 http://wordpress.org/?v=2.5.1 By: Mike Deal http://www.exportlawblog.com/archives/231#comment-4420 Mike Deal Tue, 02 Oct 2007 17:33:30 +0000 http://www.exportlawblog.com/archives/231#comment-4420 It will be interesting to read the briefs and see what was actually argued by the parties: Judge Lamberth's opinion on justiciability and deference to OFAC seems contrary to the Supremes decision in the Gitmo case in which the Court declined to give even Chevron deference and applied U.S. v. Mead. Also, other Circuits, including the 5th and 10th, have had no problem reviewing OFAC licensing decisions under IEEPA. His opinion also relies heavily on dicta in Regan v. Walsh: The decision of the majority there ultimately rested upon a provision of the enacting statute that "grandfathered" in travel restrictions existing at the time that TWEA was amended and IEEPA enacted, and not on the broad sweeping statements cited by Lamberth. It will be interesting to read the briefs and see what was actually argued by the parties: Judge Lamberth’s opinion on justiciability and deference to OFAC seems contrary to the Supremes decision in the Gitmo case in which the Court declined to give even Chevron deference and applied U.S. v. Mead. Also, other Circuits, including the 5th and 10th, have had no problem reviewing OFAC licensing decisions under IEEPA. His opinion also relies heavily on dicta in Regan v. Walsh: The decision of the majority there ultimately rested upon a provision of the enacting statute that “grandfathered” in travel restrictions existing at the time that TWEA was amended and IEEPA enacted, and not on the broad sweeping statements cited by Lamberth.

]]> By: Walter Lippmann http://www.exportlawblog.com/archives/231#comment-4410 Walter Lippmann Tue, 02 Oct 2007 04:32:05 +0000 http://www.exportlawblog.com/archives/231#comment-4410 Since August 2000, the CubaNews list, a free Yahoo news group has compiled a wide range of materials, pro and con, about Cuba, its people, politics and culture, and life within the island and affecting it in the Cuban diaspora abroad. There are over 73,000 items in its database which anyone can used whether subscribed or now. We've run quite a few stories on the Havana Club saga. Details on the Yahoo newsgroup: http://groups.yahoo.com/group/CubaNews/ Since August 2000, the CubaNews list, a free Yahoo news group has compiled a wide range of materials, pro and con, about Cuba, its people, politics and culture, and life within the island and affecting it in the Cuban diaspora abroad. There are over 73,000 items in its database which anyone can used whether subscribed or now. We’ve run quite a few stories on the Havana Club saga.

Details on the Yahoo newsgroup:
http://groups.yahoo.com/group/CubaNews/

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