Case No. Ukraine-EO13661-2015-321199-1

Date issued: Sep. 11 2018

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TURBOFAC Commentary (220 words)

Notes:

1) From a legal perspective, this letter is straightforward. The applicant wants to deal with a Russian entity that was not blocked, but was indirectly 15.3% owned by a blocked person. This is not prohibited absent some sanctions-implicating fact other than the 15.3% blocked person ownership. From a procedural perspective, the letter is notable for the fact that something this straightforward took over three years to reply to (not uncommon in cases where the transaction at issue is legal but not exactly one that advances policy interests), and the language OFAC uses in the guidance is also notable. Compare Case No. BEL-2018-351645-1, in which OFAC uses almost identical language:

“OFAC encourages a risk-based approach to OFAC compliance. Persons making an effort to comply with OFAC rules and regulations should conduct appropriate due diligence regarding the ownership structure of a particular entity and...