Notable Sanctions-related Customs Ruling - CROSS Customs Ruling NY E89509

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 (215 words)

Notes:

1) Compare with other customs rulings involving 560.206 of the . Here, CBP implies that, in principle, "Iranian-origin goods" subject to 560.206 include items that are over 700 years old, and even when they are located in a third country, but in this case the informational materials exemption overrode the prohibition.

2) Together, CROSS Customs Ruling NY I82142, CROSS Customs Ruling NY E89509, CROSS Customs Ruling NY G83530 and CROSS Customs Ruling NY F83946 appear to stand for the propositions that i) there is no limit to how old an item may be, it is subject to 560.206 if it originates in the territory of what is modern-day Iran (and possibly even the predecessor state whose boundaries were different from the current one), but ii) for items that have been outside of Iran since before the embargo was imposed—but only those items—OFAC may accommodate such situations without issuing licenses.

560.303 provides that "The term Iran means the territory of Iran and any other territory or marine area, including the exclusive economic zone and continental shelf, over which the Government of Iran claims sovereignty." The relation back to the "territory" serves as the basis for considering even ancient Persia as within the scope of "Iran" for the purposes of the regulations.

Welcome!

Welcome!

CROSS Customs Ruling NY E89509

TURBOFAC Commentary (215 words)