BIS Advisory Opinion (Artwork to Cuba)

Date issued: Aug. 05 2013

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TURBOFAC Commentary (205 words)

Notes:

1) “Artwork” Under the EAR

While there is nothing in the EAR specifying that artwork is not subject to the EAR only if it is "classified under Chapter subheadings 9701, 9702, or 9703" of the HTSUS, BIS confirms that this is the case, aligning its policy with OFAC's regulations, where this is explicitly stated. The actual text of IEEPA does not explicitly define "artwork" in this manner.

2) The “Controlled For Export” Exclusion to OFAC’s Informational Materials Exemption

See section 5(b)(i) of Notes Common to most "United States person; U.S. person" Definitional Provisions for a discussion on the relationship between this letter and the "controlled for export" exclusion to the "informational materials" exemption.
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