Case No. SU-2012-295884-1

Date issued: Dec. 10 2012

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TURBOFAC Commentary (490 words)

Notes:

1) As it relates to the unusual area-based exemptions to the otherwise comprehensive embargo pertaining to Sudan at the time, compare e.g. Case No. SU-3797-1 and Case SH-98179b. Further information about the operations of the entitiy at issue here can be found at https://redd-monitor.org/2012/07/11/envirotrades-carbon-trading-project-in-mozambique-the-nhambita-experiment-has-failed/ (https://archive.is/oXLNg).

This letter is notable for the fact that the Applicant at issue here is a Mauritius entity with a U.K.-based CEO that was a U.S. person by virtue of U.S. citizenship. A foreign entity owned by a U.S. person is not, itself, a U.S. person, but U.S. persons cannot facilitate transactions in which U.S. persons could not engage directly. When natural U.S. persons work for non-U.S. entities, those non-U.S. entities may engage in sanctions-implicating activities, provided there is no U.S. person involvement. U.S. persons may serve as directors for...