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OFFICE OF FOREIGN ASSETS CONTROL
EXECUTIVE ORDER 13582 of August 17, 2011
"Blocking Property of the Government of Syria and Prohibiting Certain Transactions With Respect to Syria"
STATEMENTS OF LICENSING POLICY ON ACTIVITIES RELATED TO THE TELECOMMUNICATIONS AND AGRICULTURAL SECTORS OF SYRIA AND PETROLEUM AND PETROLEUM PRODUCTS OF SYRIAN ORIGIN FOR THE BENEFIT OF THE NATIONAL COALITION OF SYRIAN REVOLUTIONARY AND OPPOSITION FORCES OR ITS SUPPORTERS
A. Consistent with current U.S. foreign policy, the following Statement of Licensing Policy establishes a favorable licensing policy regime through which U.S. persons can request from OFAC specific authorization to engage in transactions involving the telecommunications and agricultural sectors of Syria.
a. Specific licenses may be issued on a case-by-case basis to authorize U.S. persons to engage in transactions involving Syria’s telecommunications sector that are otherwise prohibited by section 2 of Executive Order 13582, and that are not otherwise authorized by General License 5 under Executive Order 13582. The purpose of this policy is to enable private persons in Syria to better and more securely access the Internet.
b. Specific licenses may be issued on a case-by-case basis to authorize U.S. persons to engage in transactions involving Syria’s agricultural sector that are otherwise prohibited by section 2 of Executive Order 13582. The purpose of this policy is to enable projects to benefit and support the people of Syria by enhancing and strengthening the agricultural sector in a food insecure country.
c. Specific licenses issued pursuant to this policy will not authorize any transaction or activity, directly or indirectly, with the Government of Syria, which includes its agencies, instrumentalities, and controlled entities.
d. Specific licenses issued pursuant to this policy will not authorize any transaction with a person whose property and interests in property are blocked pursuant to Executive Order 13338 of May 11, 2004, Executive Order 13399 of April 25, 2006, Executive Order 13460 of February 13, 2008, Executive Order 13572 of April 29, 2011, Executive Order 13573 of May 18, 2011, Executive Order 13582 of August 17, 2011, or Executive Order 13606 of April 22, 2012, or any transaction with a person sanctioned pursuant to Executive Order 13608 of May 1, 2012.
e. Consistent with sections 542.101 and 542.502 of the Syrian Sanctions Regulations, 31 C.F.R. Part 542, specific licenses issued pursuant to this policy will not authorize any transaction prohibited by any part of 31 C.F.R. Chapter V or any Executive order other than Executive Order 13582. For example, a specific license issued under this Statement of Licensing Policy will not authorize any transaction with a person whose property and interests in property are blocked pursuant to Executive Order 13224 of May 23, 2001, such as al-Nusrah.
B. Consistent with current U.S. foreign policy, the following Statement of Licensing Policy establishes a favorable licensing policy regime through which U.S. persons can request from OFAC specific authorization to engage in transactions related to petroleum or petroleum products of Syrian origin for the benefit of the National Coalition of Syrian Revolutionary and Opposition Forces or its supporters.
a. Specific licenses may be issued on a case-by-case basis to authorize U.S. persons to engage in any transaction otherwise prohibited by section 2 of Executive Order 13582, including but not limited to new investment, involving the purchase, trade, export, import, or production of petroleum or petroleum products of Syrian origin for the benefit of the National Coalition of Syrian Revolutionary and Opposition Forces or its supporters.
b. Specific licenses issued pursuant to this policy will not authorize any transaction or activity, directly or indirectly, with the Government of Syria, which includes its agencies, instrumentalities, and controlled entities.
c. Specific licenses issued pursuant to this policy will not authorize any transaction with a person whose property and interests in property are blocked pursuant to Executive Order 13338 of May 11, 2004, Executive Order 13399 of April 25, 2006, Executive Order 13460 of February 13, 2008, Executive Order 13572 of April 29, 2011, Executive Order 13573 of May 18, 2011, Executive Order 13582 of August 17, 2011, or Executive Order 13606 of April 22, 2012, or any transaction with a person sanctioned pursuant to Executive Order 13608 of May 1, 2012.
d. Consistent with sections 542.101 and 542.502 of the Syrian Sanctions Regulations, 31 C.F.R. Part 542, specific licenses issued pursuant to this policy will not authorize any transaction prohibited by any part of 31 C.F.R. Chapter V or any Executive order other than Executive Order 13582. For example, a specific license issued under this Statement of Licensing Policy will not authorize any transaction with a person whose property and interests in property are blocked pursuant to Executive Order 13224 of May 23, 2001, such as al-Nusrah.
Applications for specific licenses pursuant to this Statement of Licensing Policy may be submitted online at: http://www.treasury.gov/resource-center/sanctions/Pages/licensing.aspx, or alternatively by mail or courier pursuant to section 501.801 of the Reporting, Procedures and Penalties Regulations, 31 C.F.R. Part 501, to the Office of Foreign Assets Control, U.S. Department of the Treasury, Treasury Annex, 1500 Pennsylvania Avenue, N.W., Washington, D.C. 20220. Please provide complete details of all transactions for which authorization is sought and of all parties to the transactions, including details regarding financing, if relevant, as well as information describing due diligence mechanisms to verify that neither the Government of Syria nor any other person whose property and interests in property are blocked is receiving any benefits from such transactions.
Specific licenses may also be issued on a case-by-case basis to engage in activities not specified in sections A or B of this Statement of Licensing Policy that would be otherwise prohibited by section 2 of Executive Order 13582, such as new investment.
1) This SLP was issued before the 2014 amending and reissuing of the Syrian Sanctions Regulations. Its contents have been implemented in the CFR at sections 542.527 ("Policy on activities related to the telecommunications sector of Syria), 542.528 "Policy on activities related to the agricultural sector of Syria" and 542.529 "Policy on activities related to petroleum and petroleum products of Syrian origin for the benefit of the National Coalition of Syrian Revolutionary and Opposition Forces." The SLP is notable for the bit suggesting that all applicants should provide "information describing due diligence mechanisms to verify that neither the Government of Syria nor any other person whose property and interests in property are blocked is receiving any benefits from [licensed] transactions." This is rarely made explicit, but seems good practice in all contexts in which a transaction subject to discretionary licensing entails an apparent diversion risk related to a particularly sensitive entity.