PRINT
Case No. SU-4011-1
Aleksandar Dukic
Hogan Lovells US LLP
Columbia Square
555 Thirteenth Street NW
Washington, DC 20004
Dear Mr. Dukic:
This responds to your correspondence dated February 14, 2012 and March 16, 2012 (collectively, the “Request”), on behalf of Atlas Air, Inc. (the “Applicant”), to the Office of Foreign Assets Control (OFAC), requesting guidance regarding the Applicant’s continuation of a lease of a U.S.-origin freighter aircraft to Global Supply Systems, Ltd (GSS), an entity in the United Kingdom, with the knowledge that GSS intends to operate this aircraft on behalf of another U.K. company on charter flights between the European Union and Africa, with refueling stops in Khartoum, Sudan. According to the Request, the aircraft has already been exported by the Applicant to GSS and is registered in the European Union.
...
Click the appropriate link below for access to this file.
Click the appropriate link below for access to this file.
1) FACTUAL BACKGROUND
The applicant is a U.S. person that is a major cargo airline, passenger charter airline, and aircraft lessor (see https://www.atlasair.com/about-us/what-we-do). The applicant asks for guidance under the now-repealed comprehensive embargo targeting Sudan. See https://www.govinfo.gov/content/pkg/CFR-2016-title31-vol3/xml/CFR-2016-title31-vol3-part538.xml, for the SSR as they appeared at the relevant time. More specifically, the question is whether the USP lessor can “continu[e] a lease of a U.S.-origin freighter aircraft to…[a non-USP lessee] in the United Kingdom, with the knowledge that [the non-USP lessee] intends to operate this aircraft on behalf of another [non-USP] on charter flights between the European Union and Africa, with refueling stops in Khartoum, Sudan,” where “the aircraft ha[d] already been exported by the Applicant to [the non-USP lessee] and [was] registered in the...