Case No. MUL-2012-298067-1

Date issued: Jul. 17 2017

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TURBOFAC Commentary (660 words)

Notes:

1) BACKGROUND

This guidance letter contains important determinations concerning the scope of the informational materials exemption (IME), as well as OFAC’s policy concerning the applicability of the IME in general.

As described in the letter EBSCO and EIS provide a variety of services, and this includes “electronic and print subscriptions, as well as electronic access to full text and secondary databases”. The “content…may include full text documents, abstracts, or indexes, depending on the customer’s subscription, and…customers would access such information through a text search feature.” Note that “secondary databases” are those which contain data that is delivered by and licensed from another publisher or database provider. The secondary database operator acts as a sort of data broker, though the secondary database operators are typically more focused on enhancing the value and usability of the data for specific applications, often within academic, research,...