OFAC FAQ (Current) # 1193 - Russian Harmful Foreign Activities Sanctions

Date issued: Sep. 24 2024

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TURBOFAC Commentary (1205 words)

Consolidated Comment on FAQ # 1193, FAQ # 1194 and FAQ # 1195

1) Background

On 9-24-24, OFAC issued three FAQs addressing the provision of “services prohibited by the Information Technology (IT) and Software Services Determination” (also “ITSSD”) to employees and contractors “located in Russia”.

The ITSSD provides that it is prohibited for U.S. persons to export, re-export or supply specified services “to any person located in the Russian Federation,” and there is an exclusion for “any service to an entity located in the Russian Federation that is owned or controlled, directly or indirectly, by a United States person”. Note that “For the purposes of section 1(a)(ii) of E.O. 14071, OFAC interprets ‘person located in the Russian Federation’ to include persons in the Russian Federation, individuals ordinarily resident in the Russian Federation, and entities incorporated or organized under the laws of...