OFAC FAQ (Current) # 73 - Compliance for Internet, Web Based Activities, and Personal Communications

Date issued: Apr. 13 2004

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TURBOFAC Commentary (349 words)

Notes:

1) This FAQ, along with FAQ 445, appears to be OFAC’s only public guidance concerning diligence expectations for the e-commerce sector.

Apart from e-commerce websites, OFAC considers the anonymous downloading of software to be "export" of a "good," and the accessing of certain websites, such as online learning platforms like Coursera, to be the "export" of a "service" when accessed by people in embargoed destinations. Every download of software or access to a website considered not exempt from regulations or otherwise unauthorized would constitute a violation.

Unlike OFAC, BIS has issued an advisory opinion [1] to the effect that companies using IP blocking and not seeing any other red flags will not be considered to have violated the BIS embargoes in the event of otherwise unauthorized downloads. Given that...