OFAC FAQ (Current) # 1076 - Cyber-related Sanctions (PDF contains all versions)

Date issued: Nov. 08 2022

Last substantive commentary amendment:
Aug. 19 2023

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TURBOFAC Commentary (1236 words)

Notes:

[11-29-24 Update - see Joseph Van Loon et al v. Department of the Treasury et al. (2024, 5th Cir.), and comments thereto. This FAQ is likely to be removed or amended at some point in the future; the below has not yet been amended in light of the 5th Circuit opinion.]

1) BACKGROUND

For background on the initial designation and redesignation of Tornado Cash, refer to Consolidated Comment on the Designation and Redesignation of Tornado Cash; Ensuing Litigation (System Ed. Note).

When the initial 8-8-22 designation notice was issued, Tornado Cash was widely regarded as having been the first software protocol designated on the SDN list by OFAC, raising certain compliance issues of first impression as well as arguments concerning the scope of IEEPA...