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) ISDCA is cited by OFAC as one of the sources of statutory authority for the ITSR because, at the time the 1995 embargo was enacted, "Section 505 of the International Security and Development Cooperation Act of 1985 ("ISDCA") was utilized as the statutory authority for the embargo, which gave rise to the Iranian Transactions Regulations." See https://www.treasury.gov/resource-center/sanctions/programs/pages/iran.aspx. The role of the statute is purely technical, as the President may prohibit imports with or without the authority of ISDCA (see e.g. the Crimea embargo, based solely on IEEPA). ISDCA just happened to be cited, in conjunction with IEEPA as authority for Executive Order 12959 (Prohibiting Certain Transactions with Respect to Iran).
Notably, ISDCA does not contain exemptions. In spite of this, OFAC does not consider the fact that part of the Iran embargo is based on ISDCA to mean that the IEEPA exemptions do not apply to provisions, e.g. 560.201, that appear to rely in part on ISDCA for their authority. It is possible that the technical reason for this is that there are procedural requirements embedded in ISDCA that have not been complied with, which may, as a technical matter, shift the legal basis of authority for the prohibitions initially based in part on ISDCA to IEEPA.