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Case No. IA-16896
[ ]
American Logistics International, LLC
24700 South Main Street
Carson, CA 90745
Dear [ ]
This responds to your letter of August 5, 2011, and additional correspondence dated April 17, 2012 (the "Application"), on behalf of American Logistics, International, LLC ("ALI"), to the Office of Foreign Assets Control ("OFAC"), seeking authorization under the Iranian Transactions and Sanctions Regulations, 31 C.F.R. Part 560 (the "ITSR"), to provide financial services to [ ] (the "Clients"), regarding investment funds currently held in an escrow account of ALI, in collection with the Clients' failed 2010 applications under the EB-5 visa investor program. We understand from information provided in the Application that the U.S. Citizenship and Immigration Services rejected the Clients' applications because the Clients transferred the funds from Iran to the United States in 2010...
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1.0) “LEGAL PERMANENT RESIDENTS” AS PERSONS NO LONGER “ORDINARILY RESIDENT” IN IRAN
The provision of a financial service, including the provision of funds, to a person “ordinarily resident” in Iran is an exportation of a service “to Iran”. When persons that were formerly in Iran are no longer “ordinarily resident” in Iran, the provision of funds to such persons ceases to be considered an export “to Iran”. Compare, e.g., Case No. IA-2012-293570-1. Here, the implication of the letter is that the Iranians at issue having been “granted legal permanent residency in the United States” meant that they were no longer “ordinarily resident” in Iran. This, itself, is a notable determination, as persons in the U.S. on visas are commonly regarded as being “ordinarily resident” in Iran, depending on the circumstances. Indeed, 560.505 is designed to authorize the provision of...