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Case No. UKRAINE-EO13685-2018-352844-1
A.D. Tubi Inossidabili S.p.A.
[***]
[***]
1666 K Street NW, Suite 1200
Washington, DC 20006
Dear Mr. [***]:
This responds to your request dated May 3, 2018, and additional correspondence dated May 16, 2018, May 17, 2018, and November 26, 2018 (collectively, the “Application”), on behalf of A.D. Tubi Inossidabili S.p.A. (ADTI) to the Office of Foreign Assets Control (OFAC), requesting a specific license authorizing ADTI to receive payment from PJSC Power Machines (“Power Machines”) for the sale of welded tubes made of stainless steel (the “Goods”) prior to the designation of Power Machines. In the alternative, you seek guidance on whether ADTI is a U.S. person for the purposes of the Ukraine Related Sanctions Regulations (the “Regulations”), 31 C.F.R. Part 589, and whether the sale of the Goods by ADTI to Power Machines...
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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...