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) BACKGROUND; SUMMARY
Indirect financing—or the financing of non-sanctioned entities that do business with sanctioned persons or countries—is not spelled out in sanctions programs as a specifically prohibited activity, but OFAC has historically considered such activity to be prohibited. There have been a variety of distinct legal bases for this. These include i) a direct violation of the prohibition on "new investment" in an embargoed country, ii) "facilitation," i.e. U.S. person financing that facilitates trade by a third person in which the U.S. person could not engage directly, iii) an (indirect) "export" of financial services to a sanctioned country, and iv) a transaction involving property in which Cuba has an "interest" (515.201(b)).
All indications are that, whatever legal basis may be...