Case No. CU-2015-324039-1

Date issued: Jul. 23 2018

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TURBOFAC Commentary (183 words)

Key Takeaway - OFAC may use hedging language such as “appear” be authorized as a means of conveying conclusions that convey that USPs can engage in activities without enforcement risk

Notes:

1) The redactions leave not much to see here, but this letter is notable as an additional example of OFAC licensing using constructions such as the following:

"Because the proposed activities appear to be authorized by general license, they require no further authorization from OFAC." Compare Case No. CU-2015-322096-1.

Hedging language such as "may" or "appear", when used in these determinations, does not necessarily signal a degree of uncertainty requiring the applicant to wonder whether OFAC actually regards the activities at issue as being illegal. Otherwise, it would not follow that OFAC would refuse to issue a specific license. Indeed, where OFAC is genuinely doubtful as to whether a given activity...