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EMPRESA CUBANA EXPORTADORA v. DEPT. OF TREASURY

No. 09-5196.

638 F.3d 794 (2011)

EMPRESA CUBANA EXPORTADORA DE ALIMENTOS Y PRODUCTOS VARIOS, Doing Business as Cubaexport, Appellant v. UNITED STATES DEPARTMENT OF the TREASURY, Office of Foreign Assets Control, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 29, 2011.

Attorney(s) appearing for the Case

David H. Bernstein argued the cause for appellant. With him on the briefs were Carl Micarelli and Peter M. Brody .

Jonathan H. Levy , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Tony West , Assistant Attorney General, U.S. Department of Justice, Ronald C. Machen, Jr. , U.S. Attorney, and Douglas N. Letter , Attorney, U.S. Department of Justice.

Opinion for the Court filed by Circuit Judge KAVANAUGH, with whom Senior Circuit Judge EDWARDS joins.

Dissenting opinion filed by Senior Circuit Judge SILBERMAN.

KAVANAUGH, Circuit Judge:

First enacted in 1917, the Trading with the Enemy Act authorizes the President, under specified conditions, to impose embargoes on trade with foreign nations. In 1963, acting pursuant to that statute, President Kennedy directed the Department of the Treasury to issue the Cuban Assets Control Regulations. Those regulations prohibit most transactions between American and Cuban...

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