OFAC FAQ (Current) # 917 - Belarus EO

Date issued: Aug. 09 2021

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TURBOFAC Commentary (266 words)

Notes:

Designation criteria that refer to persons “operating in” sectors of targeted economies have been interpreted in vastly different ways by OFAC, but the fact that there are no secondary sanctions imposed on Belarus suggests that the “operating in” designation criterion may, as is the case with Venezuela-related EO 13850, be used as a sort of secondary sanctions mechanism. This, however, remains to be seen, and is relatively rare. See General Note on "Sectoral Sanctions" and Determinations Made Pursuant to EOs Providing for the Blocking of Persons Determined to "Operate In" a Certain Sector.

This is a non-standard FAQ. On one hand, the FAQ states the obvious (that designations pursuant to the "operating in" criteria require affirmative determinations apart from the issuance of the EO). On the other hand, OFAC states that "[t]he identification...