Notable Applications of the Definition of "Information or Informational Materials"

Last substantive commentary amendment:
Sep. 20 2023

You've hit a wall. Sign in if you have an account, or learn more about TURBOFAC and subscription options.
TURBOFAC is a module of the compliance platform OverRuled. To learn more about OverRuled, visit www.overruled.com.

TURBOFAC Commentary (1287 words)

Notable Applications of Definition of Information or Informational Materials

The boilerplate regulatory definitional provision defining “Information or informational materials”(see e.g. 510.312) derives from Sec. 1702(b)(3) of IEEPA, which specifies that the IME covers:

“[t]he importation from any country, or the exportation to any country, whether commercial or otherwise, regardless of format or medium of transmission, of any information or informational materials, including but not limited to, publications, films, posters, phonograph records, photographs, microfilms, microfiche, tapes, compact disks, CD ROMs, artworks, and news wire feeds.”

While the text of IEEPA places no limit on that which could be considered an “information material” OFAC has categorically excluding certain things from the scope of “information or informational materials.” Below we provide examples of confirmations of that which, in principle, can and cannot qualify as...