Case No. SU-4011-1

Date issued: Sep. 09 2016

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TURBOFAC Commentary (3402 words)

Notes:

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 The applicant asks for guidance under the now-repealed comprehensive embargo targeting Sudan.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...