OFAC Regulatory Provisions - 31 CFR § 560.418 - Release of technology or software in the United States or a third country.

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.

TURBOFAC Commentary (811 words)

Notes:

1) This provision is unique to the , but has obvious cross-programmatic implications for other embargo programs where citizens of a given territory are not blocked, but where exports of goods or services to unblocked persons ordinarily resident in those embargoed countries is considered an "export" to the embargoed country.

Here, OFAC impliedly considers the "release" of technology or software in the United States to constitute a violation of 560.204, unless certain conditions apply. The term "release" is not a construction that appears in OFAC-administered regulations, and OFAC has not provided further guidance on how it interprets the term, but it is fairly evident that the purpose of this is to align the ITSR with the , which considers the "release" of software or technology to be an...

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31 CFR § 560.418 - Release of technology or software in the United States or a third country.

TURBOFAC Commentary (811 words)