Case No. CU-77186-1

Date issued: Feb. 29 2008

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TURBOFAC Commentary (689 words)

Consolidated Comment on Case No. CU-77186-1 and Case No. CU-2013-304208-1.

The two guidance letters at issue arise from the same general set of transactions. In the first letter, the applicants (a U.S. company and a non-U.S. company not subject to 515.329 of the CACR) ask about whether they can “service certain medical equipment in Venezuela”. OFAC recounts that the medical equipment at issue was exported to Venezuela pursuant to underlying contracts in which Cuba had an interest and which were negotiated in part by a U.S. person (evidently in violation of the CACR and likely the subject of Philips Electronics of North America Corporation).

OFAC determines that the “servicing of medical equipment in Venezuela, including the U.S. origin medical equipment, sold and exported to [***] pursuant to...