How the OFAC Stole Christmas

A spokesman for the Treasury Department’s Office of Foreign Assets
Control (”OFAC”) told Export Law Blog this morning that discussions
between OFAC and the North Pole over Santa Claus’s Christmas Eve
itinerary had broken down and were not expected to be resumed before
Santa’s scheduled departure on December 24 at 10 pm EST.

The dispute arose from a dilemma that the U.S. sanctions against
Cuba posed for Santa’s planned delivery of toys to children in Cuba. If
Santa delivers toys for U.S. children first, there will be toys
destined for Cuba in the sleigh in violation of 31 C.F.R. § 515.207(b).
That rule prohibits Santa’s sleigh from entering the United States with
“goods in which Cuba or a Cuban national has an interest.” On the other
hand, if Santa delivers the toys to Cuban children first, then 31 C.F.R. § 515.207(a)
prohibits the sleigh from entering the United States and “unloading
freight for a period of 180 days from the date the vessel departed from
a port or place in Cuba.”

A press release from the North Pole announced that the OFAC rules
left Santa no choice but to bypass the children of the United States
this Christmas. A spokesman from OFAC warned that if Santa attempted to
overfly the United States, his sleigh would be forced to land and his
cargo seized. He continued:

We know that the outcome is harsh, but we cannot allow
Fidel Castro’s regime to continue to be propped up by Santa’s annual
delivery of valuable Christmas toys to Cuban children.

Congressional leaders did not return our calls.

This post is an annual Christmas Eve tradition and appeared
previously in 2007 and 2008 in slightly altered form. Export Law Blog
would like to take the opportunity of this post to extend its best
holiday wishes to all of its readers. Posting will be light between now
and the end of the holidays due as much to the holidays as to a
heartless clerk at the D.C. Circuit Court of Appeals who established a
briefing schedule that requires me to file a brief on December 30.