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Case No. IA-12784
[ ]
Director, Corporate Contracts
Evergreen Helicopters, Inc.
3850 Three Mile Lane
McMinnville, OR 97128
Dear [ ]:
This responds to your letter of October 27, 2009, to the Treasury Department's Office of Foreign Assets Control ("OFAC"), on behalf of Evergreen Helicopters, Inc., and Evergreen Helicopters of Alaska, Inc. (collectively "Evergreen"), for authorization to engage in transactions involving the provision of aircraft charter services to the United Nations with respect to Iran. You state that Evergreen has been awarded a two-year aircraft charter contract to provide air transportation services using a Learjet 35A aircraft (the "Aircraft") to the United Nations in Afghanistan. These services will consist of logistical re-supply, passenger flights, observation/monitoring, VIP, negotiation liaison, aero-medical/casualty evacuation, and special police support. The mission area will include the United Arab Emirates, Iran,...
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* [12-21-22 update - 560.539 has been substantially expanded - comments below do not yet reflect this]
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1) 560.539
The version of 560.539 that was in force from 2006-2012 is a bit different than the version currently in place. See https://www.govinfo.gov/content/pkg/CFR-2009-title31-vol3/xml/CFR-2009-title31-vol3-part560.xml for the 2009 version. Of particular note, the 2009 version specified that "the performance of transactions for the conduct of the official business of the United Nations...in or involving Iran by U.S. persons who are employees or contractors thereof is hereby authorized."
The "in or involving Iran" qualifier no longer exists.
2) "OFFICIAL BUSINESS"
One notable aspect of the letter is it accepts that "logistical re-supply, passenger flights, observation/monitoring, VIP, negotiation liaison, aero-medical/casualty evacuation, and special police support" are all activities that can be within the scope of the "official business" provision....