Sanctions-related Judicial Opinion - United States v. Amirnazmi, 645 F.3d 564 (3d Cir 2011)

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TURBOFAC Commentary (1209 words)

Notes:

1) This appeal of a criminal conviction for /ITSR violations centers around the scope of the Berman Amendment exemption for information and informational materials (560.210(c)) as it relates to software. It interprets the regulatory carveout to the informational materials exemption of the , which excludes "materials not fully created and in existence at the date of the transactions."

This is the first case since the 1994 amendment to the original 1998 Berman Amendment to pass on the question of whether and to what extent the "fully created and in existence at the date of the transaction" language was consistent with the version of 1702(b)(3) of IEEPA that was amended in 1998 and remains in force as of 7/2021. Indeed, as of 7/2021, it is still the only...

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United States v. Amirnazmi, 645 F.3d 564 (3d Cir 2011); Government's Appellate Brief

TURBOFAC Commentary (1209 words)