Case No. IA-16896

Date issued: Mar. 15 2013

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TURBOFAC Commentary (939 words)

Notes:

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...