General Note on the Relationship Between the North Korea Sanctions Regulations and Export Controls Administered by the Dep’t of Commerce (System Ed. Note)

Last substantive commentary amendment:
Feb. 17 2024

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TURBOFAC Commentary (2326 words)

General Comment on the Relationship Between the North Korea Sanctions Regulations and Export Controls Administered by the Dep’t of Commerce (System Ed. Note)

[2-16-24 Update – the implementation of 510.520 largely renders System Note irrelevant for practical compliance purposes. See comments to 510.520, and note that the below has not been updated to reflect the implementation into the NKSR of 510.520]

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This note explains why we read the NKSR as, effectively, exempting from regulation exports to North Korea of EAR99 food and medicine, and services exported to North Korea in connection with those exports, when the recipients of the exports are persons that are neither i) listed on the SDN list, nor ii) blocked by operation of law as a result of being owned 50% or greater by one or...