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) This combines the standard definitions of "Entity" and "Person," common to most other sanctions programs.
The provision contains the standard definition of "Entity," common to most sanctions programs. Read in conjunction with the definition of "U.S. Person." For commentary on one instance in which the scope of the term made a material difference in the outcome of a case, see Consolidated Commentary on the 2015 Schlumberger Penalties, the B Whale Corporation Case and the Scope of the Term “U.S. Person” (System Ed. Note). OFAC (or the DOJ) could have considered a large, U.S.-headquartered "business segment" of a non-U.S. incorporated company to constitute an "entity" within the meaning of the applicable definition, thereby rendering it a "U.S. person" as a result of it being a “person in the United States.” This would have subjected the worldwide operations of that “business segment” to most primary sanctions prohibitions. This was not the position taken, however.
Contrast e.g. Case No. IA-2012-297129-1 (a cooperative, unincorporated association treated as a "U.S. person" entity whose foreign affiliates were persons owned or controlled by U.S. persons.")
See Case No. SDGT-1051, suggesting that while a branch of a U.S. person is not an entity distinct from the "U.S. person" of which it is a branch, it is not the case that branches and parent entities are aleays treated as if they are teh same "entity". More specifically, a bloced branch of an entity and the main office of the branch are separate entities.
2) See Case ID: CYBER2-28475 - Tornado Cash Redesignation (Evidentiary Memorandum) for a particularly broad/notable construction of the standard regulatory definition of the term “entity”.