Case No. IA-441-1

Date issued: Oct. 02 2013

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TURBOFAC Commentary (400 words)

Notes:

1) This case involves the provision of engineering services by an Indian entity subject to the prohibitions of the ITSR through 560.216 through 51% U.S. person ownership, to a “petroleum refining project” owned by an Indian entity in which the blocked NIOC has a 15.4% ownership interest. At the time the guidance was issued NIOC was blocked to the WMDPSR (SDN) and ITSR as an entity “owned or controlled” by the Government of Iran, in addition to the non-embargo provisions (e.g. 560.204 and 560.206) that apply to direct and indirect dealings with NIOC as a result of its status as an Iranian entity. Not discussed explicitly in the letter, but a fact almost certainly known to OFAC at the time...