Sent: Tuesday, August 9, 2022 10:21 AM
To: [], Kristopher (DOS)
Cc: Charlotte.[]@treasury.gov
Subject: RE: Executive Order 14071 ‐[ ] (DE File #[ ])
Hi Kristopher, Christina, April, and Amy at the Delaware Secretary of State (DSS) --- Thank you for speaking with us and sending us your questions. Following up on that conversation, we have had discussions internally and believe we have a path forward.
Prohibition on Provision Trusts and Corporate Formation Services
The May 8, 2022 Determination, Prohibitions Related to Certain Accounting, Trust and Corporate Formation, and Management Consulting Services (“the May 8 Determination”), issued pursuant to Section 1(a)(ii) of Executive Order 14071, prohibits the exportation, reexportation, sale, or supply, directly or indirectly, from the United States, or by a U.S....
1) BACKGROUND
On May 8, 2022, OFAC issued its prohibition on the direct or indirect provision of "trust and corporate formation" services to "any person located in the Russian Federation". As evidenced by the outgoing set of questions sent to OFAC by the Division of Corporations of the Delaware Department of State (DDC) on July 29, 2022 (see pp. 9-10, PDF), the DDC, considering itself a "formation agent" for the purposes of EO 14071, took steps to comply with the EO by (i) "blocking" Delaware entities whose "Annual Franchise Tax Report" indicated a Russian principal place of business (PPB) or a Russian director and/or officer, and (ii) for "alternative" entities that did not need to file the "Annual Franchise Tax Report", blocking entities that listed a "Russian Address for the last known contact person". Note that for the purposes...