Enforcement Release: Swift Prepaid Solutions, Inc. d/b/a daVinci Payments

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.

TURBOFAC Commentary (385 words)

Notes:

1) Compare Enforcement Release - Tango Card, Inc., a substantially similar case involving “stored value products” transmitted over the internet to persons in or ordinarily resident in sanctioned jurisdictions.

The daVinci case is notable factually insofar as the payment cards were funded by presumably non-sanctioned entities, whose sanctioned employees were then permitted by the U.S. person daVinci to receive value. In other words, daVinci did not receive payment from the sanctioned individuals at issue, and the primary “customers” of daVinci were the contracting entities. Nevertheless, OFAC determined that daVinci engaged in sanctions violations due to a failure to geoblock IPs associated with sanctioned jurisdictions and provide services to individuals “who had used email addresses with…associated with sanctioned jurisdictions (e.g., Syria is .sy, Iran is .ir) during the redemption process and who were apparently resident therein.” There is nothing groundbreaking...

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Enforcement Release: Swift Prepaid Solutions, Inc. d/b/a daVinci Payments

TURBOFAC Commentary (385 words)