Notable Examples of Transactions Deemed to Be, and Not to Be, "Ordinarily Incident" to Underlying Licensed Activities (System Ed. Note)

Last substantive commentary amendment:
Feb. 24 2023

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TURBOFAC Commentary (2882 words)

Notable Examples of Transactions Deemed to Be, and Not to Be, "Ordinarily Incident" to Underlying Licensed Activities (System Ed. Note)

What follows is a list of types of transactions that have been deemed to be, and deemed not to be, “ordinarily incident” to other, underlying licensed transactions. For more on the operation of the “ordinarily incident” 400-level interpretive provision at the conceptual level, see Notes Common to the 400-Level Interpretive Provisions Authorizing Transactions "Ordinarily Incident" to a Licensed Transaction; Transactions Incident to Others in General. Unless otherwise stated, these are interpretations of the language, that is boilerplate in all sets of primary sanctions regulations, that “[a]ny transaction ordinarily incident to a licensed transaction and necessary to give effect thereto is also authorized.” This language is generally interpreted in an identical manner across sanctions programs, with policy differences across programs being reflected in explicit carveouts...