Secondary Sanctions Enforcement Announcement - The United States Sanctions Turkey Under CAATSA 231; CAATSA Section 231 “Imposition of Sanctions on Turkish Presidency of Defense Industries”

Date issued: Dec. 14 2020

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TURBOFAC Commentary (906 words)

Technical Analysis: OFAC’s New “NS-MBS List” and the Secondary Sanctioning of Turkey Under CAATSA 231; Consequences for U.S. and Non-U.S. Persons

I. BACKGROUND

On Dec. 14, 2020, The U.S. Department of State (State) announced the imposition of sanctions, pursuant to section 231 of CAATSA (CAATSA 231), against several Turkish persons. The sanctions were the result of a determination that Turkey’s purchase of the S-400 missile defense system from Russia constituted a “significant transaction” for the purposes of CAATSA 231. Upon the making of a “significant transaction” determination, CAATSA 231 requires the imposition of five or more sanctions listed in the “menu” of sanctions at CAATSA 235. On the four individual officers of the Turkish government entity that purchased the S-400, State imposed sanctions that included full blocking sanctions. On the government entity itself, the Republic of Turkey’s Presidency...