Case No. CU-2016-334368-1

Date issued: Dec. 13 2017

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TURBOFAC Commentary (612 words)

Notes:

1) INDIRECT OWNERSHIP / CONTROL AND 515.329

"Person subject to the jurisdiction of the United States" is defined at 515.329(d) to include non-U.S. persons "owned or controlled by persons" incorporated in the U.S. 515.329(d) does not explicitly state that "owned or controlled" includes indirect ownership or control, but as illustrated here, that is the case, as OFAC regards the Chinese entity (ASMP) to be a person subject to U.S. jurisdiction for 515.329(d) purposes because it is owned by a U.S. person through a BVI company.

2) 515.559 AND EXPORTS OF MEDICAL DEVICES FROM THIRD COUNTRIES TO CUBA

515.559 of the CACR provides as follows:

(2) The transaction is for the exportation of medicine or medical supplies from a third country to Cuba, which shall not be restricted:...