OFAC FAQ (Current) # 498 - Cross-Programmatic Compliance Services Guidance

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 (222 words)

Notes:

1) See detailed discussion on the guidance at comments to Guidance on the Provision of Certain Services Relating to the Requirements of U.S. Sanctions Laws, including what OFAC appears to have in mind concerning the "import" of "services." Engaging Iranian lawyers and other service providers for the purpose of conducting Iran-related due diligence would apparently constitute a prohibited import of a service, even if the service is provided specifically for the purpose of ensuring compliance with sanctions laws. Recall that the guidance is not a license, but instead a view on what is "not prohibited" by the broad sanctions prohibitions. As discussed in notes to the Compliance Services Guidance, OFAC warns, in Footnote 2 of IPSA International Services (2017), that the engagement of people ordinarily resident in Iran in connection with the provision of compliance guidance is within the scope of the prohibitions of the . The performance of due diligence on potential counterparties seems to be one of the things OFAC may have in mind as something that would constitute the "importation of services" within the meaning of 560.201.

2) Note that the scope of the legal services general licenses in virtually all sanctions programs covers a significant amount of sanctions compliance advice-related activity that is outside the scope of what is deemed not prohibited in the guidance.

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OFAC FAQ (Current) # 498 - Cross-Programmatic Compliance Services Guidance

TURBOFAC Commentary (222 words)