Upwork Inc. (2018 Correspondence With the SEC)

Date issued: Oct. 01 2018

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TURBOFAC Commentary (293 words)

Notes:

1) Upwork is a U.S. person directly subject to the prohibitions of the ITSR, which include the broad prohibition at 560.206 (prohibiting any “transaction or dealing in or related to” “[g]oods, technology, or services for exportation, reexportation, sale or supply, directly or indirectly, to Iran,” where “dealing includes but is not limited to…facilitating.” 560.206 is, however, subject to the exemption for information and informational materials at 560.210(c) of the ITSR.

It is well established that a U.S. person may allow an Iranian commercial entity to post information to a website, and this is presumably the case even where the purpose of the posting is the solicitation of business (see 031211-FACRL-IA-14). 031211-FACRL-IA-14 was not conditioned on the content of the information being posted.

031211-FACRL-IA-14 did...