Notable Examples Illustrating the Scope of the IEEPA Travel Exemption (System Ed. Note)

Last substantive commentary amendment:
Jan. 02 2024

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TURBOFAC Commentary (2985 words)

Notable Examples Illustrating the Scope of the Travel Exemption

Transactions in Which Aviation Industry Participants Typically Engage

i) [EXEMPT] U.S. person airlines entering into "Interline Ticketing and Baggage [] and Special Prorate Agreements" with airlines incorporated in sanctioned destinations, including airlines blocked pursuant to sanctions programs eligible for the travel exemption, are activities exempt as ordinarily incident to travel "the extent that such agreements are directly incident to international [passenger] travel to and from [a sanctioned destination eligible for the travel exemption]." (Case No. IA-16194).
ii) [NOT EXEMPT] Cargo-related transactions are not “ordinarily incident to travel.” The travel exemption is for passenger travel only, except perhaps insofar as “accompanied baggage for personal use” is stored in the cargo hold of a passenger plane (Civil Enforcement Information - JPMorgan Chase Bank N.A. (2nd violation, Settlement Agreement Component) (2018).
iii) [NOT EXEMPT] "[T]he exportation...