Case No. MUL-280

Date issued: Jul. 23 2009

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TURBOFAC Commentary (412 words)

Notes:

1) At the time this guidance letter was issued, Sudan was subject to a comprehensive embargo. See https://www.govinfo.gov/content/pkg/CFR-2009-title31-vol3/xml/CFR-2009-title31-vol3-part538.xml. The applicant Export-Import Bank of the United States (a U.S. government agency) asks whether it can enter into transactions with a non-Sudanese bank that was 9.45% owned by the then-blocked Government of Sudan and which had board representation as one of the nine directors. The application stated that a Sudanese individual (presumably representing the government) was the “Bank's Executive Director for Uganda, Sudan, and Comoros”.

OFAC concludes that the exemption at 538.212(e) for “transactions for the conduct of the official business of the Federal Government or the United Nations by employees thereof” meant that no license was required. Compare Case No. BU-2013-302061-1 (transactions of the Ex-Im bank qualify for “official business” licenses and exemptions). It is notable here...