Case No. SY-2017-348601-1
[ ]
Terumo Medical Corporation
265 Davidson Ave
Suite 320
Somerset, NJ 08873
Dear Ms. [ ]:
This responds to your request dated October 18, 2017 and supplemental information dated April 9, 2019 (the “Application”), on behalf of MicroVention, Inc., to the Office of Foreign Assets Control (OFAC), requesting authorization to export medical devices that will be manufactured in and exported directly from MVI’s wholly-owned Costa Rica manufacturing facility to the Syrian Allied Medical Group in Syria. You additionally state that the U.S.-controlled content of the medical devices at issue is below the de minimis threshold of 10% as set forth in 15 CFR 734.4(c) of the Export Administration Regulations (EAR), and therefore, these items would not be subject to the EAR.
The Syrian Sanctions Regulations, 31 C.F.R. Part...
1) Compare Case No. SY-2017-339809-1 (similar). In this case, the applicant U.S. person asks if it (the U.S. person) can "export medical devices that will be manufactured in and exported directly from MVI’s wholly owned Costa Rica manufacturing facility to...Syria." OFAC responds by citing 542.525, which authorizes "the exportation, reexportation, sale or supply, directly or indirectly, from the United States or by a U.S. person, wherever located, to Syria" of certain items. 542.525 does not explicitly authorize the "facilitation" of an export by a non-U.S. person from a third country, but this letter, consistent with FAQ # 362 in the Iran context, suggests that arranging for an export to occur from a third country while in the U.S. is covered by authorizes for the "exportation" of items from a third country to Syria. (Note that OFAC's citation to 542.210 in the body...