Case No. UKRAINE-EO13685-2018-352844-1

Date issued: Sep. 30 2019

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TURBOFAC Commentary (235 words)

Notes:

1) Compare Case No. Ukraine-EO13661-2018-352620-1, and comments thereto. On the primary sanctions side, this guidance letter is similar insofar as OFAC articulates the limits of its primary sanctions jurisdiction with respect to payments when it says that “it does not appear that ADTI is a U.S. person. In addition, based on the information provided in the Application, it does not appear that the processing of non-U. S. dollar payments in connection with the exportation of the Goods to Power Machines would involve U.S. persons or otherwise be subject to U.S. jurisdiction. Transactions by persons who are not U.S. persons or which do not otherwise involve U.S. jurisdiction do not require authorization by OFAC…” With respect to secondary sanctions, OFAC provides the same “unable to opine” statement included in Case No. Ukraine-EO13662-2018-353695-1 and Case No. UKRAINE-EO13661-2015-317467-1. This is...