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.
General Note on Secondary Sanctions and “Derivative Designation” Criteria; Identification of the Gap Between the Theoretical and Practical Scopes of Authorities Targeting Transactions with no U.S. Nexus; Enforcement Risk Management (System Ed. Note)
1) Synopsis
2) Introduction; Terminological Issues
a. “Primary Sanctions Prohibitions”
b. “Primary Sanctions Derivative Designation Criteria”
c. “Secondary Sanctions,” and the Constants of the Relationship Between Secondary Sanctions and Primary Sanctions Derivative Designation Criteria
I. Historical Commonalities
II. Historical Distinctions
3) The Theoretical Limits of the Scope of Secondary Sanctions Authorities and Derivative Designation Criteria
a. Secondary Sanctions Authorities; “Knowingly” and “Significant Transaction”
b. Derivative Designation Criteria
I. "Material Assistance" to a Blocked Person
II. "Operating in" a Designated Sector or Territory
III. Being "Owned or Controlled by" or Having "Acted...on Behalf of" a Blocked Person
c. the Technical Non- applicability to Derivative Designation Criteria and Secondary Sanctions of IEEPA-based and Other Exemptions; Apparent Non-applicability of