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Case No. IA-17834-1
[***], Esq.
The [***] Law Firm
[***]
[***]
Washington, DC 20037
Dear [***]
This responds to your November 15, 2011 correspondence on behalf of your client, Chaffetz Lindsey, LLP, to the Office of Foreign Assets Control (OFAC), requesting interpretive guidance on whether Chaffetz Lindsey’s monitoring of public court filings on the database Public Access to Court Electronic Records (PACER) on behalf of its client, [***] is a service exempted from the prohibitions of the Iranian Transactions and Sanctions Regulations 31 C.F.R. Part 560 (ITSR) by section 560.210(c) [***]
The ITSR generally prohibit the exportation, reexportation, sale, or supply, directly or indirectly, from the United States, or by a United States person, wherever located, of any goods, technology or services to Iran or the Government of Iran. ITSR, § 560.2044. The prohibitions...
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1) U.S. person law firm seeks guidance concerning the applicability of the informational materials exemption to “monitoring of public court filings on the database Public Access to Court Electronic Records (PACER) on behalf of” a client that is, presumably, Iranian. OFAC determines that the “exportation of” at least something “appears to fall within the information or informational materials exemption”. We would assume that this is a reference to the actual public court filings at issue, such that a law firm with access to PACER could export specifically requested records or the entirety of a docket and its associated filings. (See Notable Applications of the Definition of "Information or Informational Materials" and compare OFAC Compliance Correspondence in re: Shipment of Legal Documents to Iran, dealing with legal documents). OFAC determines, however, that “the law firm’s monitoring of the docket and preparation...