Notable Examples of the "Substantive or Artistic Alteration or Enhancement" and "Fully Created and in Existence" Standards (Informational Materials Exemption); "Marketing Services" (System Ed. Note)

Last substantive commentary amendment:
Sep. 20 2023

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TURBOFAC Commentary (1833 words)

Notable Examples of the “Substantive or Artistic Alteration or Enhancement” and “Fully Created and in Existence” Standards (Informational Materials Exemption)

Substantive Alterations

(i) IN GENERAL


a. [NOT EXEMPT] Transactions related to the processing, interpretation and/or analysis of “informational materials” by U.S. persons, where the processed and/or analyzed data will be exported or otherwise supplied to a sanctioned person. (Civil Enforcement Information - Acteon Group Ltd., and 2H Offshore Engineering Ltd (Settlement 1 of 2 in web post) (2019), Pre-Penalty Notice (details relayed in other writing) - ConocoPhillips.

(ii) U.S. PERSON TREATMENT OF MANUSCRIPTS IN CONNECTION WITH PUBLISHING ACTIVITIES

a) [EXEMPT] “[P]eer review simply to determine whether or not to select for publication an article in the form submitted” (2016 Publishing Guidance).
b) [NOT EXEMPT] “[P]eer review that returns an article...