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.
1) See generally "Guidance Related to the Provision of Humanitarian Assistance by Not-For-Profit Non-Governmental Organizations." It appears that, to qualify for a license for which only NGOs are eligible, the organization would need to be a registered 501(c)(3) tax-exempt status organization.
2) Further background concerning the context of this and related FAQs can be found in the United Nations Office for the Coordination of Humanitarian Affairs' "Study of the Impact of Donor Counter Terrorism Measures on Principled Humanitarian Action" (2013), avail. at https://www.unocha.org/sites/unocha/files/CounterTerrorism_Study_Full_Report.pdf. See also Case No. SOM-562725 and LICENSE No. SOM-2012-296153-1. The USAID authorization referred to here was presumably License No. SOM-7a, of which most of the authorization section is quoted in the comments to LICENSE No. SOM-2012-296153-1.
3) As discussed in the UN study referred to above, persons dealing at the periphery of al-Shabaab also need to concern themselves with tripping over the "material support" statute (18 U.S.C. § 2339B ("Section 2339B")), which is not administered by OFAC but which has been interpreted as imposing criminal penalties on persons knowingly dealing with entities that are related to FTOs. See e.g. United States v. Jama 217 F. Supp. 3d 882 (E.D. Va. 2016). But see also DOJ Letter to Senate in re: Material Support Statute (2011).
4) Compare FAQ 368, and comments thereto, concerning indirect dealings with designated persons in similar situations.