Notable Misc. on-the-Record Statements (OFAC) - C.G. Buys; "United States Economic Sanctions: The Fairness of Targeting Persons from Third Countries," 17 B.U. Int’l L.J. 241, 254

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TURBOFAC Commentary (1372 words)

Notes:

1) While slightly dated, the article reports several notable on-the-record statements from OFAC concerning the jurisdictional scope of the . The statements are generally consistent with what appears to be OFAC's current practice, but are not elsewhere confirmed in terms as plain as those reported in this article.

2) "RESIDENT" OF THE U.S. WITHIN THE MEANING OF 515.329(a) AND 515.330(a)(1) OF THE CACR

The author of the article posits a hypothetical where person that is neither a U.S. citizen nor permanent resident alien, but does have a temporary non-immigrant visa for stay in the U.S., is penalized for violating the CACR in connection with offshore activities involving Cuba. The question is whether 515.329(a) and/or 515.330(a)(1) apply to that person because she is a "resident" of the U.S.

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C.G. Buys; "United States Economic Sanctions: The Fairness of Targeting Persons from Third Countries," 17 B.U. Int’l L.J. 241, 254–55 [Excerpts reporting OFAC guidance]

TURBOFAC Commentary (1372 words)