31 CFR § 560.528 - Aircraft safety.

Date issued: Apr. 26 2023

TURBOFAC Commentary (265 words)

Notes:

1) Read in conjunction with the Third Amended Statement of Licensing Policy on Activities Related to the Safety of Iran’s Civil Aviation Industry (August 7, 2015), which was issued in connection with the JPOA but not revoked following the U.S. withdrawal from the JCPOA. That SLP covers that which is licensable here, but also extends to entities designated pursuant to the WMDPSR (formerly Iran Air).

2) As noted in the Third Amended Statement of Licensing Policy on Activities Related to the Safety of Iran’s Civil Aviation Industry (August 7, 2015), all licenses for goods exports are subject to IIANPA, which requires that waivers be granted in connection with all exports to Iran of items listed on the CCL. This limits OFAC's discretion in granting licenses under the SLP. There is reason to believe that 030509-FACRL-IA-06 suggests a more restrictive licensing policy with respect to airline safety-related items than is currently in place, but this is unclear.

3) See 030509-FACRL-IA-06. Exports/Aircraft Safety, and comments thereto, where OFAC interprets this GL quite narrowly. This SLP appears to relate to the U.S. implementing its obligations under the Chicago Convention on International Civil Aviation. A 2006 "Information Paper" presented by Iran to the International Civil Aviation Organization discusses/complains about OFAC's interpretation of this provision [1].

[1] See https://www.icao.int/Meetings/AMC/MA/Directors%20General%20of%20Civil%20Aviation%20Conference%20on%20a%20Global%20Strategy%20for%20Aviation%20Safety%20(DGCA-06)/dgca_06_ip_31_e.pdf

4) Provision amended on 4-26-2023 to change "insure" (typo) to "ensure".