Civil Enforcement Information - Industrial Maritime Carriers Worldwide, L.L.C

Date issued: Mar. 08 2010

TURBOFAC Commentary (142 words)

Notes:

1) Having "transported transformers, locomotives, and spare parts to Sudan" appears to be a clear violation of the SSR's export ban.

2) OFAC also implies that having "contracted to receive unloading services in Sudan" constitutes a violation of the SSR, presumably without actually having received the services. Based on the reasoning of Civil Enforcement Information - Balli Group PLC and Balli Aviation, Ltd (2010), it is possible that OFAC would have considered this an "attempt" to have imported the unloading services from Sudan. It is also possible that the entry into the contract with a (presumably non-blocked) Sudanese party was considered an export to and or import from Sudan of "services."

Refer to General Note and Associated Scenario Matrix re: the Legal Status of Discussions, Negotiations, Contracts and other Pre-transactional Activities (System Ed. Note) for further discussion on this issue.