UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ANTOINE AJAKA, et al., Plaintiffs, v. Civil Action No. 1:19-cv-01542 (CJN) ANDREA M. GACKI, Director of the Office of Foreign Assets Control, Department of the Treasury, et al., Defendants. MEMORANDUM OPINION Plaintiffs Antoine and Anni Ajaka challenge their designation as “Specially Designated Nationals” by the Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). See generally 2d Am. Compl., ECF No. 12. Pending before the Court is the government’s Motion to Dismiss or, in the alternative, Motion for Summary Judgment. See generally Defs.’ Mot. to Dismiss or for Summ. J. (“Defs.’ Mot.”), ECF No. 18. Because OFAC’s designation was not arbitrary and capricious and did not deprive the Ajakas of due process, the Court grants summary judgment to the government. I. Background On March 21, 2018, the Ajakas1 were indicted in the District of Massachusetts on fourteen counts related to their alleged business transactions with Syrian entities involved in chemical weapons development. See generally Administrative Record (“AR”), ECF No. 25-1 at 73. The indictment charged the Ajakas with illegally exporting to and acting as a broker for those entities 1 Anni Ajaka also goes by Anni Beurklian. Because both names are used throughout Plaintiffs’ filings and the Plaintiffs bring their claims jointly, the Court refers to the Plaintiffs as “the Ajakas.” 1 and attempting to conceal their illicit conduct through falsified paperwork and false statements to the government. Id. at 75–76. It also alleged that, in January 2018, the Ajakas fled the country while purportedly engaged in pre-indictment plea negotiations with the government. Id. at 54. A few months after the Ajakas’ flight, OFAC designated the pair “Specially Designated Nationals” pursuant to Executive Order 13382. 2d Am. Compl. ¶ 1. In an accompanying press release, OFAC identified the Ajakas as “key components of a vast network procuring electronics on behalf of Syria’s Scientific Studies and Research Center (SSRC), the agency responsible for the development of Syria’s chemical weapons.” See generally 2d Am. Compl.; Compl. Ex. 1 (“OFAC Press Release”), ECF No. 12-1 at 1. In particular, the press release alleged that the Ajakas had operated a company out of their Massachusetts home to “export electronics, computer equipment, and electrical switches to enhance Syria’s capacity to produce weapons of mass destruction.” OFAC Press Release at 5. The designation blocked the Ajakas’ property and interests in property subject to the jurisdiction of the United States and generally prohibited U.S. persons from engaging in transactions with them. AR at 1. Through counsel, the Ajakas submitted several letters to the government regarding their designation. 2d Am. Compl. ¶ 14. Three letters specifically sought “delisting, expedited treatment, a meeting to discuss the designations, and access to the administrative record.” Id.2 The government did not respond to any of those communications and the Ajakas filed this suit on May 24, 2019. 2d Am. Compl. ¶ 15; see generally Compl., ECF No. 1. A couple months later, the government produced the administrative record for the Ajakas’ designation. …
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