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.
1) Irregular fact pattern. OFAC considers the provision of the service to the Iranian entity to be considered an export of a service "to Iran," even though the entire transaction may have taken place outside of Iran.
As is the case with services provided to Iranian individuals ordinarily resident in Iran but located in a third country, OFAC considers a service to be exported "to Iran" (560.204) when the entity or individual is "in Iran" (560.410), and where "in Iran" is a function of the domicile of the entity or individual. Compare Case No. IA-2013-300441-1 and Case No. IA-2015-319421-1.
2) See also 560.215 (Prohibitions on foreign entities owned or controlled by U.S. persons), and comments thereto. "For purposes of paragraph (a) of this [560.215], a person is 'subject to the jurisdiction of the Government of Iran' if the person is organized under the laws of Iran or any jurisdiction within Iran, ordinarily resident in Iran, or in Iran, or owned or controlled by any of the foregoing."
3) In the Penalty Notice, OFAC rejects what appears to be an argument that the exhibition-related transaction was ordinarily incident to or somehow within the scope of the now-repealed GL for the purchase of Iranian-origin foodstuffs.