General Background Note on the Chronology of Guidance and interpretive Rulings Related to the Informational Materials Exemption and Publishing (System Ed. Note)

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TURBOFAC Commentary (1621 words)

General Background Note on the Chronology of Guidance and Interpretive Rulings Related to the Informational Materials Exemption and Publishing (System Ed. Note)

The issuance of the 2016 "Guidance on Certain Publishing Activities" is the latest substantial event in one long, conceptually contiguous public fight that OFAC has had with the publishing community generally over the scope of the informational materials exemption of the Berman Amendment. This guidance is difficult to understand without reference to the chronology generally, and how the latest guidance relates to all of the guidance previously issued on the scope of the Berman Amendment. The analysis of the substance of the guidance itself follows this general background note.

I. The 2003 Interpretive Rulings up Through the 2016 Guidance on Certain Publishing Activities

In 2003, when OFAC began publishing interpretive rulings on its website, OFAC issued the following...