31 CFR §§ 586.204, 586.312, 586.408, 586.409 and 586.514 (provisions involving "new investment" and the facilitation thereof) (1998-2004, KSR)

Date issued: Oct. 13 1998

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TURBOFAC Commentary (658 words)

Notes:

1) In re: 586.409

This provision interpreted 586.204 of the now-repealed FRY (S&M) Kosovo Sanctions Regulations. 586.204 provided as follows:

§ 586.204 Prohibited new investment within Serbia.
Except as otherwise provided in regulations, orders, directives, or licenses that may hereafter be issued pursuant to this order, all new investment in the territory of the Republic of Serbia by United States persons, and the approval or other facilitation by United States persons of other persons’ new investment in the territory of the Republic of Serbia, are prohibited.

This is a combination of the sort of "new investment" prohibition seen in modern sanctions regulations with a built in "facilitation" prohibition for a sanctions program that did not otherwise contain a separate facilitation prohibition. The interpretive provision remains notable for a few reasons.

First, it makes a statement concerning "facilitation" in...