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Case No. IA-14861
[ ]
Bayshore Customhouse Broker, Inc.
1799 Old Bayshore Hwy., Suite 218
Burlingame, CA 94010
Dear Mr. [ ]:
This is in response to your letters of October 22, 2010, and November 1, 2010 (the “Application”), to the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), requesting confirmation that a shipment of Iranian-origin carpets, which arrived in the United States on September 27, 2010, may be lawfully imported into the United States. You indicated in the Application that the carpets were released by U.S. Customs and Border Protection (“CBP”) on September 30, 2010, but that you were subsequently contacted by CBP approximately one month later, whereupon CBP indicated a violation may have occurred and requested that you return the carpets.
Unless otherwise exempted or authorized by OFAC, the Iranian Transactions and...
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1) Compare Case No. IA-15014 and Case No. IA-15544, concerning the CISADA provision at issue here.
In this case, the timeline is such that:
• September 27, 2010 – Iranian-origin carpets “arrived in the United States”
• September 29, 2010 – OFAC revoked the GLs authorizing the importation of Iranian-origin carpets otherwise prohibited by 560.201
• September 30, 2010 – CBP “released” the Iranian-origin carpets from its custody
• On or around October 20, 2010 – CBP “indicated a violation may have occurred and requested [the] return the carpets”.
OFAC’s conclusion here is that there was no violation of the prohibition on the importation of Iranian-origin goods into the U.S. because 560.534 and 560.535 were still valid as of September 27, 2010. This appears to make clear that...