DECISION AND ORDER Plaintiff’s action seeks to enforce a federal judgment from the Southern District of Florida, now domesticated in New York by the Erie County Clerk. C.P.L.R. §5018(b). Plaintiff moves for a declaratory judgment, C.P.L.R. §3001, that Julio Cesar Alvarez Montelongo and Rafael Marquez are agents or instrumentalities of defendant Fuerzas Armada Revolucionarias de Colombia (FARC) under 28 U.S.C. §1610 n., so that plaintiff may enforce his judgment against them. Kirschenbaum v. 650 Fifth Ave., 830 F.3d 107, 132-33 (2d Cir. 2016). The federal district court for the Southern District of Florida determined that defendants FARC and Norte de Valle. Cartel are narcoterrorist organizations engaged in international terrorism and entered a final judgment against them in plaintiff’s favor. A terrorist organization includes any organization designated as a Foreign Terrorist Organization under 8 U.S.C. §1189, any organization designated in the Federal Register as a terrorist organization, or a group of two or more individuals who engage in terrorist activities. 8 U.S.C. §1182(a)(3)(B)(iv); Kirschenbaum v. 650 Fifth Ave., 830 F.3d at 131-33. An agent or instrumentality of a terrorist organization such as FARC includes a person who materially assisted in, provided financial or technical support to, or provided merchandise or services in support of the international narcotics trafficking activities of a narcotics trafficker such as FARC or was controlled by or acted for a narcotics trafficker. Kirschenbaum v. 650 Fifth Ave., 830 F.3d at 135; Stansell v. Revolutionary Armed Forces of Colombia, 771 F.3d 713, 724 n.6, 731-32 (11th Cir. 2014). To establish that Montelongo and Marquez both are agents or instrumentalities of FARC, plaintiff presents an affidavit by John Robert McBrien, the former Associate Director for Global Targeting in the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury. Aff. of Nicholas Rostow Ex. A. McBrien attests that Montelongo and Marquez are FARC’s agents or instrumentalities based on two OFAC publications and a United States Department of the Treasury press release in August 2017, which identified individuals and entities linked to the Flores Drug Trafficking Organization (DTO), including Montelongo and Marquez and entities linked to them, which do not include FARC. Aff. of John Robert McBrien (Rostow Aff. Ex. A) Exs. D-F. While the court may take judicial notice of these documents published on the United States Department of the Treasury’s website, People v. Schreier, 22 N.Y.3d 494, 498 n. (2014); Travelers Prop. Cas. Co. of Am. v. Archibald, 124 A.D.3d 480, 481 (1st Dep’t 2015); LaSonde v. Seabrook, 89 A.D.3d 132, 137 n.8 (1st Dep’t 2011); L & O Realty Corp. v. Assessor, 71 A.D.3d 1025, 1026 (1st Dep’t 2012), this evidence does not establish that Montelongo or Marquez is FARC’s agent or instrumentality. The evidence shows only that Montelongo and Marquez are linked to the Flores DTO. The evidence does not show that the Flores DTO is an agent or instrumentality of FARC, as neither the OFAC documents nor the United States Department of the Treasury press release mentions FARC. At most, plaintiff establishes a strategic alliance between Raul Flores Hernandez, the leader of the Flores DTO, and the leaders of the Sinaloa Cartel, McBrien Aff. Ex. F, at 1, which Caballero v. Fuerzas Armadas Revolucionarias de Colombia, No. 12-48803, slip op. at 1 (11th Judicial Fla. Cir. Ct. Nov. 18, 2014), found was an agency or instrumentality of FARC in 2014. Montelongo’s and Marquez’s link to the Flores DTO and an alliance between the Flores DTO and the Sinaloa Cartel, which was an agent or instrumentality of FARC in 2014, does not necessarily establish that Montelongo and Marquez are agents or instrumentalities of FARC in 2020. McBrien also attests that OFAC blocked assets linked to Montelongo and Marquez, McBrien Aff.
