885. May U.S. and non-U.S. persons, including nongovernmental organizations (NGOs) and foreign financial institutions, provide or facilitate certain humanitarian assistance to Syria without the risk of sanctions?
Yes. The export of U.S.-origin food and most medicines to Syria is not prohibited and does not require a Department of Commerce Bureau of Industry and Security (BIS) or OFAC license (see 31 CFR § 542.510, 15 CFR § 746.9, and Syria FAQ 229), and therefore non-U.S. persons would not risk exposure to sanctions under the Caesar Syria Civilian Protection Act of 2019 (Caesar Act) for engaging in such activity. See FAQ 884. For questions specific to transactions involving items subject to the Export Administration Regulations destined to Syria, please contact the BIS Foreign Policy Division at [email protected]. Additionally, U.S. persons providing services ordinarily incident to the export or reexport of certain non-U.S.-origin food and most medicines to Syria is not prohibited and does not require an OFAC specific license (see 31 CFR § 542.525), and therefore non-U.S. persons would not risk exposure to sanctions under the Caesar Act for engaging in such activity. For more information on the most relevant exemptions, exceptions, and authorizations for humanitarian assistance and trade under the Syria sanctions program, please see OFAC’s April 16, 2020 Fact Sheet: Provision of Humanitarian Assistance and Trade to Combat COVID-19.
OFAC remains committed to ensuring that humanitarian assistance can flow to the people of Syria and maintains a favorable policy supporting the provision of humanitarian assistance. Treasury continues to support the critical work of governments, certain international organizations, NGOs, and individuals delivering food, medicine, medical supplies, and humanitarian assistance to civilians in Syria. In an effort to ensure assistance reaches those in need, we encourage individuals, companies, or financial institutions who have questions about engaging in or processing transactions related to these authorizations, to contact OFAC’s Sanctions Compliance and Evaluation Division at (800) 540-6322 or (202) 622-2490.
Date Released
April 5, 2021
1) Syria-related FAQ 884 and FAQ 885 were issued simultaneously on April 5, 2021.
2) This FAQ does not appear to provide much in the way of "interpretive guidance." The statements concerning the non-sanctionablity of activities otherwise authorized for U.S. persons under 542.510 and 542.525 are applications of the principle set out in FAQ # 884 (With respect to non-U.S. persons, OFAC will not consider transactions to be “significant” for the purpose of a sanctions determination under the Caesar Act if U.S. persons would not require a specific license from OFAC to participate in such a transaction). Refer generally to General Note on "Counterfactual Secondary Sanctions and Derivative Designation Safe Harbors" in Certain OFAC Guidance and FAQs (System Ed. Note).