Introduction of the Non-SDN Menu-Based Sanctions (NS-MBS) List

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 (649 words)

Notes:

1) Read in conjunction with The United States Sanctions Turkey Under 231 (State Dep't Press Release).

On Dec. 14, 2020, OFAC sanctioned several Turkish persons pursuant to section 231 of CAATSA. Unlike other sanctions imposed pursuant to that section (see Equipment Development Department and Li Shangfu (China)), the State Department elected to impose sanctions on one person, i.e. the Turkish "Presidency of Defence Industries" (PDI), that did not include full blocking sanctions.

To account for the PDI being sanctioned in a manner that does not require blocking, OFAC introduced the "Non-SDN Menu-Based Sanctions (NS-MBS) List." The list operates in a fashion similar to Sectoral Sanctions Identifications (SSI) List, in that persons subject to non-blocking sanctions appear on the list, denoted as "non-SDN." In both cases, the non-SDN persons share the same program tag as SDNs sanctioned pursuant to the same legal authority (in the SSI case, it is [UKRAINE-EO13662], and here it is [CAATSA - RUSSIA]).

The NS-MBS List entry for the Presidency of Defence Industries includes several prohibitions administered by agencies other than OFAC. However, the prohibition on "United States financial institution[s] from making loans or providing credits to the sanctioned person totaling more than $10,000,000 in any 12-month period" will be administered by OFAC (accord 83 FR 52051). See comments to 13849 for a discussion on the interpretation of the text of that prohibition.

2) See also OFAC's prefatory text, explaining the role and purpose of the NS-MBS list.[1]

NON-SDN MENU-BASED SANCTIONS LIST (NS-MBS LIST)

This publication by the Department of the Treasury’s Office of Foreign Assets Control (OFAC) is designed as a reference tool that identifies persons subject to certain non-blocking menu-based sanctions that have been imposed under statutory or other authorities, including certain sanctions described in Section 235 of the Countering America’s Adversaries Through Sanctions Act (CAATSA), as implemented by Executive Order 13849, and the Ukraine Freedom Support Act of 2014, as amended by CAATSA. The NS-MBS List is distinct from OFAC’s List of Foreign Financial Institutions Subject to Correspondent Account or Payable-Through Account Sanctions (CAPTA List), which lists foreign financial institutions for which the opening or maintaining of a correspondent account or a payable-through account in the United States is prohibited or subject to one or more strict conditions. When blocking is chosen as a menu-based sanction and imposed on a person, that person is identified solely on OFAC’s List of Specially Designated Nationals and Blocked Persons (SDN List). Any other menu-based sanctions imposed on that person are also identified on the List.

Upon the imposition of non-blocking sanctions from a menu of sanctions as provided by statute or other authority, OFAC will place the name and other relevant identifiers of the sanctioned person on the NS-MBS List. The NS-MBS List also will specify the type of sanction or sanctions imposed on the listed person and the legal authority under which the person is sanctioned.

The latest changes to the NS-MBS List may appear here prior to their publication in the Federal Register, and users of this list can rely on changes indicated in this document. Such changes reflect official actions of OFAC or the Department of State and will be published as soon as practicable in the Federal Register. Users are advised to check the Federal Register and this electronic publication routinely for additional names or other changes to the NS-MBS List.

Information that appears on the NS-MBS List will be included in the data formats associated with the Consolidated Sanctions List.

[1] https://ofac.treasury.gov/consolidated-sanctions-list-non-sdn-lists/non-sdn-menu-based-sanctions-list-ns-mbs-list

3) On 5-21-2021 OFAC expanded the use of the NS-MBS list to persons who were, in fact, blocked. See FAQ # 895.

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Introduction of the Non-SDN Menu-Based Sanctions (NS-MBS) List

TURBOFAC Commentary (649 words)