31 CFR § 542.518 - Payments for overflights of Syrian airspace or emergency landings in Syria authorized.

Date issued: May. 02 2014

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TURBOFAC Commentary (371 words)

Notes:

1) Compare ITSR and CACR analogues (560.522 and 515.548).

2) The existence of this GL suggests that OFAC does not consider overflights of U.S.-related aircraft to be "ordinarily incident" to travel, and therefore exempt from regulation. If overflights themselves were exempt, payments for overflights would also be exempt. See Civil Enforcement Information - Spirit Airlines, Inc (2008) for overflight-related enforcement action. The same is true of air ambulance services. What the GL does not clarify, however, is whether overflights of a sanctioned destination are necessarily within the scope of OFAC's jurisdiction to begin with, presuming that no "services" are received in connection with the overflight.

3) May a U.S. person parent airline "approve" (i.e. facilitate) an overflight...