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31 CFR § 560.426 - Charitable contributions.

Date issued: Oct. 22 2012

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§560.426 Charitable contributions.
Unless specifically authorized by the Office of Foreign Assets Control pursuant to this part, no charitable contribution of funds, goods, services, or technology, including contributions to relieve human suffering, such as food, clothing or medicine, may be made by, to, or for the benefit of, or received from, the Government of Iran, an Iranian financial institution, or any other person whose property and interests in property are blocked pursuant to §560.211. For the purposes of this part, a contribution is made by, to, or for the benefit of, or received from, the Government of Iran, an Iranian financial institution, or any other person whose property and interests in property are blocked pursuant to §560.211 if made by, to, or in the name of, or received from or in the name of, such a person; if made by, to, or in the name of, or received...

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TURBOFAC Commentary (743 words)

Notes:

1) With the exception of certain abbreviated sanctions regulations, this provision is common to sanctions programs in which the applicable underlying executive order excludes the making of donations otherwise exempt pursuant to the IEEPA exemption for donations (Sec 1702(b)(2) of IEEPA). The scope of the provision does not appear to have been the subject of any notable interpretive guidance.

Note that the TSR version, and only the TSR version, has a note specifying that legitimate donors will not be subject to penalties unless they have "knowledge or reason to know" about blocked person involvement in a given donation. That statement merely restates OFAC's default practice. See "General Note on the terms "knowingly," "should have known" and "reason to know" in the Primary Sanctions, Secondary Sanctions and Derivative Designation Contexts (System Ed. Note).
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