License No. IA-2013-303395-1

Date issued: Apr. 28 2014

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TURBOFAC Commentary (201 words)

Notes:

1) BACKGROUND

Unlike License No. IA-2013-303896-1 and the similar licenses discussed in the comments to License No. IA-2013-303896-1, this license goes beyond the scope of what is contemplated by 560.530 and TSRA more generally, as it relates to the transactions surrounding the goods exportations at issues, in particular "taki[ng] actions under" agreements with counterparties "with respect to safety and quality control in the preparation, packaging, and distribution of [PepsiCo.'s] beverages by its counterparty." Evidently PepsiCo sells concentrate to Iran, and is involved to some extent, with a counterparty, in the on-the-ground cola preparation and bottling process.

2) It is a condition of the license that "The item(s) referenced in Section 1(a)(1), above, must be intended for ultimate consumption as food In Iran," and those items are "soft drink concentrates and water beverage mixtures". This appears to be...