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) This case contains a relatively straightforward example of "facilitation" under the CACR, even though there is no explicit prohibition against facilitation. While citing only the CACR generally, rather than a regulatory provision, OFAC leaves the precise provision violated a mystery. It has been suggested that the prohibition against facilitation in the CACR is found, dealing with 515.201(c), i.e. the evasion prohibition.
Without any facts suggesting deception, however, we look at somewhat analogous situations and presume that the basis for liability is 515.201(b). OFAC has described cases in which U.S. entities have facilitated travel to Cuba in 515.201(b)-like terms (e.g. Civil Enforcement Information - Travelocity, Inc. - "OFAC alleged that Travelocity provided travel-related services in which Cuba or Cuban nationals had an interest by arranging air travel and hotel reservations to, from, with or within Cuba without an OFAC license.")
In this case, the service (i.e. the referral) provided to a third-country person in connection with the Cuba business would constitute "property" in which Cubana airlines had an interest
Compare Great Western Malting Co. (2012), a similar Cuba facilitation case.
2) The direct provision of services to the Cuban entity and the sending of employees to Cuba are clear violations of 515.201.