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OFFICE OF FOREIGN ASSETS CONTROL
GUIDANCE ON CERTAIN PUBLISHING ACTIVITIES
The Office of Foreign Assets Control (OFAC) is issuing interpretive guidance on the publishing general licenses (the "Publishing GLs") and certain exemptions found in the Iranian Transactions and Sanctions Regulations (ITSR), 31 C.F.R. §§ 560.210, 560.538, the Cuban Assets Control Regulations (CACR), 31 C.F.R. §§ 515.206, 515.577, the Sudanese Sanctions Regulations (SSR), 31 C.F.R. §§ 538.212, 538.529, and the Syrian Sanctions Regulations (SySR), 31 C.F.R. §§ 542.211, 542.532. We refer throughout this guidance to the governments of Iran, Cuba, Sudan, and Syria as "sanctioned governments."
This guidance addresses three issues that have been raised under the Publishing GLs: (1) the circumstances under which an individual would constitute a "person acting or purporting to act directly or indirectly on behalf of [a sanctioned government]" with respect to publishing transactions such that the individual would...
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1) Refer to General Background Note on the Chronology of Guidance and interpretive Rulings Related to the Informational Materials Exemption and Publishing (System Ed. Note), for a full recounting of the context of this guidance.
2) See Case no. MUL-2014-315008-1, which is the letter to Elsevier that served as the basis for this guidance. The original PDF file for MUL-2014-315008-1 contains the application to which the guidance here responds, which is also helpful for understanding the context of the guidance.
3) NOTES ON THE SUBSTANCE RELATING TO THE SCOPE OF THE PUBLISHING GLS
The two publishing GL questions that the guidance responds to deal with the "Government of [ ]" carveout to the GL, and the "academic or a research institution" carveout to the "Government of [ ]" carveout.
With regard...