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 brian@sanctions.org or info@sanctions.org with any questions on search results and efficiency.
Please click "Apply Text String Filters" again after clicking the "Close" button immediately below.
1) LEGAL BASIS FOR VIOLATION, AVAILABILITY OF GENERAL LICENSES AND EXEMPTIONS:
This appears to be the first enforcement action in almost a decade dealing solely with ITSR violations in connection with the provision of retail, non-commercial banking services to an individual or individuals "in Iran." See Civil Enforcement Information - Wells Fargo Bank, N.A. (1st action) (2010).
From a legal basis standpoint, the enforcement action aligns with OFAC's longstanding practice of interpreting 560.204 (in light of 560.410) as treating the provision of financial services to any person ordinarily resident in Iran as being exports "to Iran," even when the person at issue is a U.S. citizen and even when the accounts credited are not actually located in Iran or otherwise involve an Iranian financial institution. Compare Case No. IA-16053, and...