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Case No. IA-2013-303560-1
[ ]
Drug Process Licensing Associates, LLC
12160 Abrams Road, Suite 516
Dallas, TX 75243
Dear [ ]:
This responds to your letter dated July 1, 2013 (the “Application”), to the Office of Foreign Assets Control (“OFAC”) on behalf of Drug Process Licensing Associates, LLC (“DPLA”) requesting interpretive guidance as to whether DPLA’s sale of an annual access subscription to DPLA’s database of pharmaceutical ingredient manufacturers to a pharmaceutical company in Iran is subject to the Iranian Transactions and Sanctions Regulations, 31 C.F.R. Part 560 (the “ITSR”). In your Application, you explain that the annual subscription to DPLA’s database costs 3,195 USD and that the database contains information on worldwide producers of active pharmaceutical ingredients. DPLA does not buy, sell, barter, or earn a commission on pharmaceutical sales, but only earns revenue on...
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1) FULLY CREATED AND IN EXISTENCE
Compare Case No. IA-2012-293259-1, which is a sort of companion case, as it relates to internet based database subscriptions and the informational materials exemption. Case No. IA-2012-293259-1 confirms that “a[] OFAC license is not required to provide subscription access to a searchable database of legal documents,” provided that the “content [is] be fully created and in existence at the time of the transmission and [] not be created at the behest of an Iranian person”. In other words, the information in the database need not be fully created and in existence as of the time of the subscription.
This letter does not directly address that issue, but it is clear that OFAC arrives at the same conclusion. The product at issue is access to an internet based database that is sold as a yearly...