Case No. IA-14774
Jens Schuhmacher
NEC Display Solutions Europe GmbH
Postfach 190665
D-80606 Munchen
Landshuter Allee 12-14 München
Germany
Dear Mr. Schuhmacher:
This responds to your letter of September 28, 2010, and additional correspondence of October 28, 2010, to the U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"), requesting authorization to reexport LCD monitors and projectors ("the Goods"), some of which incorporate more than ten percent U.S.-origin content, to Iran pursuant to the Iranian Transactions and Sanctions Regulations, 31 C.F.R. Part 560 (the "ITSR").
Unless otherwise exempted or licensed, the ITSR prohibit the exportation, reexportation, sale, or supply of any goods, technology, or services, directly or indirectly, from the United States or by a U.S. person, wherever located, to Iran or the Government of Iran. ITSR, § 560.204. This prohibition also...
1) Compare Case No. IA-2017-348861-1, a better, more recent version of this type of guidance letter. Query: when OFAC says “some of which incorporate more than ten percent U.S.-origin content,” is it assumed that such “U.S.-origin content” is necessarily “U.S.-controlled content,” i.e. content that is listed on the CCL? If not, it would be difficult to square this letter with JCPOA Implementation FAQ K-13 (“the exportation or reexportation of U.S.-origin goods that are designated as EAR99 from a third country to Iran without knowledge or reason to know at the time of export from the United States that the goods are intended specifically for Iran is not prohibited”).