Ed. Note: if you’re new to TURBOFAC, please take note that the text string filtration function generally shouldn’t be used for terms such as “ordinarily resident,” “causing” or “new debt”. For research on the meaning of words and phrases such as those, i.e. terms central to the key legal issues in sanctions law that appear on a cross-programmatic basis, you’re typically better off locating and checking the appropriate box in the “Key Legal Issues” search category, which will limit the results to those that have been manually assessed as being relevant for the interpretation of the terms at issue.
Try typing your search term (“ordinarily resident,” “new debt,” or something else) in the “Find a Search Filter” box at the top of the page, and the corresponding “Key Legal Issues” check box will pop up instantly, if one exists. Once you check the box (e.g. “new debt,” with ~55 results), you can always use the text string filtration function to further refine your search (e.g. by typing “invoice” and narrowing the ~55 results to ~10).
Note in addition that the same applies to text string searches such as “14071” (if you’re looking for items related to EO 14071). By typing “14071” in the “Find a Search Filter” field up top, you will be able to instantly narrow the results down to items manually assessed as relating to EO 14071. Ditto terms such as “515.204” or “Iran General License G” (try the “Discrete Legal Provision” search category).
Please contact [email protected] or [email protected] with any questions on search results and efficiency.
Please click "Apply Text String Filters" again after clicking the "Close" button immediately below.
OFAC determines (impliedly) that the sale of calling card minutes does not fall within the scope of transactions within or incident to the personal communications exemption (560.210(a)).
It is also implied that the "purchase of prepaid calling card minutes" is not covered by the telecommunications-related GL (560.508), at least not as it existed at the time. In 2008, 560.508 authorized "All transactions of common carriers incident to the receipt or transmission of telecommunications and mail between the United States and Iran" (https://www.govinfo.gov/content/pkg/CFR-2008-title31-vol3/xml/CFR-2008-title31-vol3-part560.xml).
The transaction here is not one "of" a common carrier. Note however that the telecommunications GL in the ITSR was amended in 2012 to authorize "All transactions with respect to the receipt and transmission of telecommunications involving Iran." The removal of the "of common carriers" language may change the analysis if OFAC dealt with this case today. See General Note on General Licenses for Transactions Related to Telecommunications and Mail.
Theory of liability was the import of goods/services from Iran; not the "export" of a financial service in the form of the attempt to send funds to Iran. OFAC subsequently began treating such attempted funds transfers as exports of financial services (see Civil Enforcement Information - An Unnamed Individual (4)).