OFAC FAQ (Current) # 1102 - Global Magnitsky Sanctions

Ed. Note: if you’re new to TURBOFAC, please take note that the text string filtration function generally shouldn’t be used for terms such as “ordinarily resident,” “causing” or “new debt”. For research on the meaning of words and phrases such as those, i.e. terms central to the key legal issues in sanctions law that appear on a cross-programmatic basis, you’re typically better off locating and checking the appropriate box in the “Key Legal Issues” search category, which will limit the results to those that have been manually assessed as being relevant for the interpretation of the terms at issue.

Try typing your search term (“ordinarily resident,” “new debt,” or something else) in the “Find a Search Filter” box at the top of the page, and the corresponding “Key Legal Issues” check box will pop up instantly, if one exists. Once you check the box (e.g. “new debt,” with ~55 results), you can always use the text string filtration function to further refine your search (e.g. by typing “invoice” and narrowing the ~55 results to ~10).

Note in addition that the same applies to text string searches such as “14071” (if you’re looking for items related to EO 14071). By typing “14071” in the “Find a Search Filter” field up top, you will be able to instantly narrow the results down to items manually assessed as relating to EO 14071. Ditto terms such as “515.204” or “Iran General License G” (try the “Discrete Legal Provision” search category). Please contact [email protected] or [email protected] with any questions on search results and efficiency.

Please click "Apply Text String Filters" again after clicking the "Close" button immediately below.

TURBOFAC Commentary (692 words)

Notes:

1) This FAQ continues OFAC's trend of explicitly stating that transactions authorized for U.S. persons are not transactions that could result in the imposition of sanctions on non-U.S. persons. While not putting it in these explicit terms, the FAQ means that, for example, OFAC will not consider a person to "materially assist" the blocked persons where the activities at issue would be authorized by the relevant GLs if they were engaged in by a U.S. person. Such assistance could, theoretically, result in a "derivative designation" pursuant to 13818. FAQs of this genre are very common as of the date of issuance. The FAQ also confirms, as have others similarly structured, that U.S. persons (here banks) can process transactions of non-U.S. persons that are ordinarily incident to underlying wind-down transactions that would be authorized for U.S. persons. Refer generally to

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OFAC FAQ (Current) # 1102 - Global Magnitsky Sanctions

TURBOFAC Commentary (692 words)