General Comment on the Relationship Between Brokering Sales of Goods and the Scope of Transactions "Ordinarily Incident" to Transactions Authorized (System Ed. Note)

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TURBOFAC Commentary (4374 words)

General Comment on the Relationship Between "Brokering Services" and Authorities Permitting or Exempting Transactions "Ordinarily Incident" to Other Transactions (System Ed. Note)

*SYNOPSIS

The provision of “brokering” services in connection with transactions involving sanctioned persons or destinations almost always constitute an “export of services” to a sanctioned destination and/or an activity within the scope of the basic blocking prohibition. Because brokering is “facilitation” of an underlying transaction, but not merely facilitation, the “brokering” of an underlying transaction that does not involve U.S. persons but could be engaged in directly by U.S. persons will generally still need to be “authorized” in order to be permissible. Whether brokering activities are authorized—either in connection with an underlying transaction that does or does not involve U.S. persons—will depend on more than an analysis of whether the underlying transaction is authorized. This is because many, but not all, brokering activities are...