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If this is your first time here, take a look at our FAQ page and get a sense of our unique scope of coverage by perusing the Research System interface.
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.
Date issued: May. 17 2021
1) This provision—added to the FNKSR on 5-17-2021 in connection with a broader modernization of the regulations—is unique to the FNKSR and NTSR.
The FNKSR, perhaps along with the GTSR, is one of the sanctions programs that frequently apply to foreign nationals that are prisoners in the U.S. (and are therefore “U.S. persons” while they are awaiting trial or imprisoned in the U.S.) Compare Case No. FNK-2016-327937-1.
Up through the addition of this GL, OFAC had typically issued "maintenance" specific licenses for the situations at issue here. See e.g., LICENSE No. FNK-2015-323572-1.
2) Crucially, this GL is a "fresh funds" GL only. In cases where SDNT prisoner has funds located only in the U.S., past practice suggests that OFAC may license limited unblocking for maintenance purposes.
3) A prisoner in the U.S. is a U.S. person (hence the need for the GL), and all funds within the “possession or control” of a U.S. person are blocked. Does that mean that all funds over which the prisoner has “control” (effective or constructive) are outside the scope of the GL because they are blocked? It seems not; see again LICENSE No. FNK-2015-323572-1 (and comments thereto).
4) Civil Enforcement Information - MoneyGram Payment Systems, Inc. predates this GL by less than a month, and may have been the impetus for the addition implementation of the GL.
5) "[P]ersons who are sharing or who would ordinarily share a common dwelling as a family" is a construction that is unique to this GL. It seems aimed at including same sex partners, but the applicability to adult children and extended family members is unclear. "[O]rdinarily share a common dwelling as a family" is largely a cultural/generational question. One would imagine that the cutoff is not at 18-year-olds, but beyond that it is not clear.