Civil Enforcement Information - Philips Electronics of North America Corporation

Date issued: Jul. 01 2009

TURBOFAC Commentary (113 words)

Notes:

All arranging of Cuba travel constitutes dealing in property in which a Cuban has an interest, and separately, Philips would have dealt in property in which Cuba had an interest by facilitating the sale by the foreign affiliate.

In this case it appears that PENAC and the foreign affiliate were both subsidiaries of a Dutch parent, so neither the affiliate nor the parent were subject to the CACR, but the actions of the employee of the U.S. entity are subject to 515.201. This quirky fact pattern is an unusual sort of "facilitation," but the U.S. person involvement in the otherwise-prohibited offshore transaction would be prohibited as facilitation under any blocking program.