Case No. CU-2012-295565-1
Division of International Relations
National Institutes of Health
Building 31, Room B2C11
Bethesda, MD 20892-2220
Attn: Mr. [ ]
Dear Mr. [ ]:
This is in response to your letter of May 3, 2012, and additional correspondence dated July 18, 2012 (the "Application"), requesting authorization from the Office of Foreign Assets Control ("OFAC"), on behalf of the National Cancer Institute of the National Institutes of Health ("NCI"), to enter into a confidential disclosure agreement with the Center for Molecular Immunology ("CMI") in Cuba, under which CMI would transfer the unique amino acid sequencing information of the 14F7 monoclonal antibody (the "Sequencing Information") to NCI in order for NCI to engineer the sequence with its own technologies for further research and study. The collaboration with CMI will allow NCI to conduct independent research...
Case No. CU-2012-295565-1 is notable for three reasons, which are as follows.
(i) Meaning of “information and informational materials”
The guidance letter addresses the status, under the definition of “information or informational materials” at 515.332, of “the unique amino acid sequencing information of the 14F7 monoclonal antibody”. This is regarded as exempt “information” for purposes of the informational materials exemption. See Notable Applications of the Definition of "Information or Informational Materials".
(ii) Entry into confidential disclosure agreement with sanctioned person from which exempt information is received as "relating to" the "dissemination" of the information
OFAC determines that the USP information importer’s “entry into a confidential disclosure agreement with [sanctioned person] in connection with that importation” is covered by a provision “authorizing” transactions “relating to the dissemination of informational...