§560.522 Allowable payments for overflights of Iranian airspace.
(a) Payments to Iran of charges for services rendered by the Government of Iran in connection with the overflight of Iran or emergency landing in Iran of aircraft owned by a United States person or registered in the United States are authorized.
(b) This section does not authorize any transaction by an entity owned or controlled by a United States person and established or maintained outside the United States otherwise prohibited by §560.215 if the transaction would be prohibited by any other part of this chapter V if engaged in by a U.S. person or in the United States.
[77 FR 64666, Oct. 22, 2012, as amended at 77 FR 75849, Dec. 26, 2012]
Notes:
1) Compare SySR and CACR analogues (542.518 and 515.548).
2) The existence of this GL suggests that OFAC does not consider overflights of U.S.-related aircraft to be "ordinarily incident" to travel, and therefore exempt from regulation. If overflights themselves were exempt, payments for overflights would also be exempt. See Spirit Airlines, Inc. (2008) for overflight-related enforcement action. The same is true of air ambulance services. What the GL does not clarify, however, is whether overflights of a sanctioned destination are necessarily within the scope of OFAC's jurisdiction to begin with, presuming that no "services" are received in connection with the overflight.
3) [RESERVED]
4) More recently issued GLs cover overflights and other activities where the aircraft is “chartered to" a U.S. person (e.g. 515.548). This would, at a...