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Case No. IA-441-1
[***]
Business Development Representative
Process Unlimited International, Inc.
5500 Ming Ave., Suite 400
Bakersfield, CA 93309
Dear [***]
This is in response to your letter dated May 19, 2009, to the Office of Foreign Assets Control (“OFAC”), on behalf of Processes Unlimited International, Inc.’s U.S. (“PUI U.S.”) and Chennai, India office (“PUI India”), for interpretive guidance on the applicability of the Iranian Transactions Regulations, now known as the Iranian Transactions and Sanctions Regulations, 31 C.F.R. Part 560 (the “ITSR”), to PUI India’s activities in Chennai, India. PUI India is 51% owned by PUI U.S. Specifically, you requested guidance on whether PUI India can perform engineering services for a petroleum refining project at a Chennai refinery owned by Chennai Petroleum Limited Corporation (“CPCL”), an Indian corporation. The National Iranian Oil Company, also...
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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...