Penalty Notice Internal OFAC Analysis - Epsilon Electronics Inc. (2014)

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.

TURBOFAC Commentary (127 words)

Notes:

1) For substantive comment on the case, see Civil Enforcement Information - Epsilon Electronics Inc. (1 of 2 - 2014), and Epsilon Electronics, Inc. v. U.S. Dep't of the Treasury, 857 F.3d 913 (D.C. Cir. 2017).

2) This memorandum is notable insofar as it impliedly draws adverse "reason to know" inferences about certain shipments over a long period of time on the basis of evidence seen with respect to shipments sent early in the shipper's relationship with the non-sanctioned third country party. This is the aspect of OFAC's practice that was reversed when the penalty was reviewed by the D.C. Circuit.

3) Memo part of the administrative record in the court case (Epsilon Electronics, Inc. v. U.S. Dep't of the Treasury, 857 F.3d 913 (D.C. Cir. 2017)).

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Penalty Notice Internal OFAC Analysis - Epsilon Electronics Inc. (2014)

TURBOFAC Commentary (127 words)