Case No. IA-2017-338932-1

Date issued: Feb. 26 2018

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TURBOFAC Commentary (244 words)

Notes:

1) This letter was issued during the JCPOA period, when Iran General License (No. H) and the Third Amended Statement of Licensing Policy on Activities Related to the Safety of Iran’s Civil Aviation Industry were still in effect.

The legal analysis in the guidance letter is relatively straightforward. The applicant is a non-U.S. subsidiary of a U.S. person, and therefore directly subject to the prohibitions of the ITSR through 560.215, and notwithstanding the existence of Iran General License (No. H), that “560.215 entity” was prohibited from exporting items to Iran that were subject to the prohibitions of 560.205, in addition to “ [t]he exportation, reexportation, sale, or supply, directly or indirectly, from the...