DEPARTMENT OF THE TREASURY 10-rrt p < / T , --, n

WASHINGTON ' ^ \V\ 0

GENERAL COUNSEL

April 12, 2002

MEMORANDUM FOR UNDER SECRETARY JIMMY GURULE

ASSISTANT SECRETARY KENNETH-fcAWSON

FROM: DAVID D. AUFHAUSER

SUBJECT: BLOCKING ORDERS IN AID OF INVESTIGATION

As you know, the Global Relief and Benevolence International Foundation blocking
orders were issued under the new authority of the Patriot Act. They are not permanent orders,
but rather are dubbed "orders in aid of investigation." The orders have been in place for four
months.

There are no hard rules on how long such temporary freezes can be in force. However,
common fairness and principles of equity counsel that we impose a reasonable end date on the
duration of such orders. The GRF and BIF court challenges may well require us to answer an
inquiry from the court about how long we intend to freeze the assets without concluding our
investigation. My own recommendation is six months, but I invite counsel and debate on the
question. The one clear recommendation I make is that investigations that follow the imposition
of these temporary orders be pursued with due diligence and with an anticipated end date. Such
an end date is also a good performance measure by which to judge OFAC.

My secretary will try to set up a meeting on Monday or Tuesday convenient to each of

you.

cc: Deputy Secretary Ken Dam

Memorandum
April 12,2002
Page 2

bcc: George B. Wolfe

William J. Fox
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s Motion..."

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