General Note on, and Notable Examples of, Specific Licenses Issued Pursuant to Unwritten Licensing Policies (and Licensing Policies in General)

Last substantive commentary amendment:
Mar. 05 2024

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TURBOFAC Commentary (4917 words)

General Note on, and Notable Examples of, Specific Licenses Issued Pursuant to Unwritten Licensing Policies (and Licensing Policies in General)

1) BACKGROUND

Many of OFAC’s specific licensing policies are spelled out in its regulations and other public guidance. A text search for the phrase “case-by-case” basis yields results from dozens of regulatory provisions that set out specific licensing policies. See e.g., 542.527 of the SySR, titled “Policy on activities related to the telecommunications sector of Syria”. Formal “statements of licensing policy” can also appear in loose-leaf format. See e.g. Interpretive Guidance and Statement of Licensing Policy on Internet Freedom in Iran . Statements of licensing policy can also be found buried in enforcement actions and other places where a person interested in a license would not be expected to look. See e.g. Haverly Systems,...