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Case No. MUL-2015-320028-1
[ ]
Reed Smith LLP
1301 K Street NW
Suite 1000, East Tower
Washington, DC 20005
Dear Mr. [ ]:
This responds to the letter of June 8, 2015, submitted by Dr. Thomas Roth and Markus Schweininger of Boehringer Ingelheim International GmbH (BI), and your email correspondence dated February 11, 2016, to the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), on behalf of BI, a German company, and its affiliates around the world (collectively, the “BI Group”). According to the letter, the BI Group is dedicated to the research and development, production, and marketing of pharmaceuticals with high therapeutic value for both human medicine and animal health and supplies medicine to end users in virtually every country in the world, including countries subject to U.S. sanctions.
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1) Compare Case No. IA-2016-329758-1, Case No. IA-2016-329928-1, and more generally General Note on U.S. Person Employees Working for Non-U.S. Person Companies With Sanctions-Implicating Business (System Ed. Note). This request for guidance is by a non-U.S. person that has "U.S. person employees supporting BI Group’s sales of non-U.S. origin medicine, medical devices, and food to Cuba, Iran, Sudan, and Syria" (U.S. persons are not prohibited from working for non-U.S. persons that have sanctions-implicating business, but they cannot be involved in specific sanctions-implicating transactions of the non-U.S. employers).
2) Guidance letter is notable for the indication of specific licensing policy ("OFAC would consider specifically licensing activities of BI Group’s U.S. person employees on a case-by-case basis").
3) CACR PROFESSIONAL MEETINGS GL (TRAVEL FOR "PROFESSIONAL PURPOSES")...