Notable OFAC Regulatory Provisions - 31 CFR § 538.407 - Facilitation by a United States person (1998, Sudan)

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TURBOFAC Commentary (1759 words)

Notes:

1) STATEMENTS CONCERNING THE SCOPE OF THE MEANING OF "FACILITATION"

This interpretive provision, interpreting the "prohibited facilitation" provision that was found in the SSR [1] prior to their removal from the CFR in 2018, remains one of the most detailed explanations by OFAC as to what constitutes "facilitation."

See comment to Terence Lau, "Triggering Parent Company Liability Under United States Sanctions Regimes: The Troubling Implications of Prohibiting Approval and Facilitation," (excerpt) where the author relays that OFAC's Chief Counsel stated that this provision reflects OFAC's view of the scope of the facilitation prohibition in a cross-programmatic manner.

The continued validity of the substance of this provision has been largely confirmed, and expanded upon, by various JCPOA Implementation FAQs addressing...

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31 CFR § 538.407 - Facilitation by a United States person (1998, Sudan)

TURBOFAC Commentary (1759 words)