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Case No. IA-2013-300305-1
Mary Alice Kleinjan, Esq.
Deputy General Counsel
Office of General Counsel
U.S. Agency for International Development
1300 Pennsylvania Ave., NW
Washington, DC 20523
Dear Ms. Kleinjan:
This responds to your letter dated February 1, 2013, and additional correspondence of March 27, 2013 (collectively, the “Application”), to the Office of Foreign Assets Control (“OFAC”), on behalf of the United States Agency for International Development (“USAID”), requesting written confirmation that no authorization is required for certain activities in connection with an international technical assistance program that USAID is involved with in Central Asia.
USAID, through its contractor, serves in an advisory role to the governments of Tajikistan, Kyrgyzstan, Afghanistan, and Pakistan in the coordination, negotiation, and drafting of multistate agreements as part of the regional energy plan, known...
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1) As described in the application (see PDF), USAID (a U.S. person contacting OFAC at time when there was no “official business” GL to cover its activities) requested interpretive guidance from OFAC concerning its substantial involvement in the construction of an electricity transmission line that would run through several non-sanctioned countries, including Tajikistan. More specifically, USAID provided technical assistance concerning the design of the transmission line, and "is the sole source of funding for the" secretariat of the transmission line. USAID explained to OFAC (see p. 4, PDF) that one of the electricity generation facilities developed in Tajikistan was owned by an entity (Sangab) that “appears to have connection to the Iranian government” and that received a loan from the Export Development Bank of Iran, an SDN blocked pursuant to the