Case No. MUL-271

Date issued: Sep. 09 2009

Last substantive commentary amendment:
Apr. 09 2023

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TURBOFAC Commentary (110 words)

Notes:

1) This letter appears to predate any official word from OFAC concerning whether instant messaging services that do not require software downloads fall within the scope of the Berman Amendment exemption for information and informational materials or the exemption for "personal communications." The Treasury letter is notable for its "constructive ambiguity" on the relationship between IEEPA exemptions and the services at issue. For discussion of the letter in context of other relevant items, see sections 3-4 of General Note on Prohibitions, Licenses and Exemptions as Applied to Social Media and Other Communications-Related Internet Services and Software (System Ed. Note) and Microsoft Corp. (2012 Correspondence With the SEC).