Case No. SU-1524

Date issued: Feb. 27 2008

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TURBOFAC Commentary (205 words)

Notes:

1) At the time this guidance letter was issued, there was a prohibition on the re-exportation (by non-U.S. persons) of goods to Sudan “requiring the issuance of a license by a Federal agency” (https://www.govinfo.gov/content/pkg/CFR-2008-title31-vol3/xml/CFR-2008-title31-vol3-part538.xml#seqnum538.205). This appears to be the reason why the non-U.S. person subsidiary of a U.S. person ball bearing producer requested an OFAC license for the exportation of goods “as part of a food distribution project administered by The Food Aid Organization (the ‘FAO’) of the United Nations”. The OFAC determination is a relatively straightforward application of the GL for “transactions and activities that are for the conduct of official business of UN specialized agencies, programmes, and funds by employees, contractors, or grantees thereof”. Whether Timken South Africa (Pty) Ltd is either a direct contractor of the FAO, or just an entity supplying goods to a different...