OFAC FAQ (Current) # 504 - Cyber General License 1B, (the Federal Security Service)

Date issued: Mar. 15 2018

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TURBOFAC Commentary (531 words)

Notes:

1) Section 1(b) of EO 13694 states that "[t]he prohibitions in subsection (a) of this section apply except to the extent provided by statutes, or in regulations, orders, directives, or licenses that may be issued pursuant to this order…"

OFAC’s Cyber-Related Sanctions Regulations do not contain any provision exempting any transactions pursuant to IEEPA’s Berman Amendment, much less travel or transactions ordinarily incident to travel. However, this FAQ serves as an implicit recognition that irrespective of the text of implementing regulations—which in this case are “abbreviated”—the exemptions to IEEPA apply in full, with the exception of “donations,” which was explicitly opted out of in the EO.

Contrast cases in which prohibitions are enacted pursuant to an authority other than IEEPA (e.g. the UNPA, as is the case...