The OFAC Lawsuit

ASSOCIATION OF AMERICAN UNIVERSITY PRESSES;
PROFESSIONAL/SCHOLARLY PUBLISHING DIVISION of THE ASSOCIATION OF AMERICAN PUBLISHERS, INC.;
PEN AMERICAN CENTER, INC.; AND ARCADE PUBLISHING, INC.;

v.

THE OFFICE OF FOREIGN ASSETS CONTROL OF THE DEPARTMENT OF THE TREASURY;
JOHN W. SNOW, SECRETARY OF THE TREASURY, in his official capacity;
and R. RICHARD NEWCOMB, DIRECTOR, OFFICE OF FOREIGN ASSETS CONTROL, in his official capacity

Description

In 2004, AAUP and co-plaintiffs AAP/PSP, PEN American Center, and Arcade Publishing, filed suit against the Office of Foreign Assets Control of the US Department of the Treasury. The action was in response to OFAC regulations illegally preventing US publishers from editing (and thus publishing) the work of citizens of nations under sanction, such as Iran and Cuba. The second suit was filed on behalf of Iranian author Shirin Ebadi. The regulations were revised, and both suits were eventually resolved favorably in 2007.

Legal Documents

Stipulation of Dismissal, signed 10/02/07icon.pdf
Co-Plaintiffs' Complaint, filed 9/27/04icon.pdf
Memorandum of Lawicon.pdf
Order to Show Causeicon.pdf
Marc Brodsky's Declaration for PSP/AAPicon.pdf
Peter Givler's Declaration for AAUPicon.pdf
Salman Rushdie's Declaration for PENicon.pdf
Richard Seaver's Declaration for Arcadeicon.pdf
D. Ross Declaration, Alabamaicon.pdf
J. Ackerman Declaration, Cornellicon.pdf
W. Breichner Declaration, Johns Hopkinsicon.pdf
W.E. Sharp Declaration, Mathematical Geologyicon.pdf
J. Francendese Declaration, Templeicon.pdf
S. Mahler Declarationicon.pdf
Edward Davis, Counsel, Declarationicon.pdf
Exhibitsicon.pdf: A; B; C; D; E; F; G; H; I

Complaint, Shirin Ebadi & Strothman Agency, filed 10/27/04icon.pdf
Memorandum of Law (Ebadi & Strothman)icon.pdf
Declarations of Anthony J. Diana, S. Ebadi, and W. Strothmanicon.pdf

Additional Information

Relevant OFAC Rulings

September 15, 2003: OFAC ruling on licensing works to Iranian publishersicon.pdf
September 26, 2003: OFAC ruling on exchange of information between Iranian and U.S. authorsicon.pdf
September 30, 2003: OFAC ruling to IEEEicon.pdf
April 2, 2004 OFAC: ruling to IEEEicon.pdf
July 6, 2004: OFAC ruling on translation project grantsicon.pdf
July 19, 2004: OFAC ruling on newspaper Op-Edsicon.pdf

Press Materials

Background of the suit
Endangered Projects
October 1, 2007: Plaintiffs End Suit Successfully
April 27, 2005: Ebadi Settles Claim; Original Plaintiffs' Concerns Remain
December 15, 2004: Statement on Treasury Regulation Changes
December 15, 2004: Treasury Department Announces Changes in Regulations
October 27, 2004: Press Release on Ebadi Filing
September 27, 2004: Press Release on Filing

Materials for AAUP Members

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FAQ on the OFAC Regulations
Publishing Works Originating in Sanctioned Countries
Talking Points on the OFAC Lawsuit

Documents and Articles of Interest

"OFAC Reverses Embargo Ruling," John Dudley Miller, The Scientist, 12/16/04
"Government Eases Rules on Writers in Sanctioned Countries,"
Edward Wyatt, The New York Times, 12/16/04
"Will Voices of Dissent Still be Heard?,"
Scott Martelle, The Los Angeles Times, 12/7/04
"Iranian Nobel Winner Suing US Over Memoir,"
Jackie Lyden, All Things Considered, 12/5/04
"Iran Inanity,"
editorial, The Boston Globe, 12/2/04
"Silencing a Modern Scheherazade,"
Farzaneh Milani, The Christian Science Monitor, 11/17/04
"Bound but Gagged,"
Shirin Ebadi, The New York Times, 11/16/04
"Nobel Peace Prize Winner to US: Let Me Be Free to Speak My Mind,"
Richard Leiby, Washington Post, 11/4/04
"Our new sanctions against expression,"
Myron Kandel, CNN.com, 11/2/04
"Nobel Laureate Sues U.S. Over Ban,"
Jess Bravin, The Wall Street Journal, 11/1/04
"Ending Editorial Oversight at Treasury,"
editorial, The New York Times, 9/29/04
"Treasury Being Sued for Curbs on Editing,"
Edward Wyatt, The New York Times, 9/28/04
"Publishers Sue US OFAC,"
John Dudley Miller, The Scientist, 9/28/04
"Lawsuit Challenges Editing Limitations
," Sophie Rovner, Chemical & Engineering News, 9/27/04
"The Defendant is Charged with Good Editing," Peter Givler, The Chronicle Review, May 21, 2004
Rep. Berman's Letter to OFAC regarding IEEE ruling
, Maerch 3, 2004