General Note on Prohibitions, Licenses and Exemptions as Applied to Social Media and Other Communications-Related Internet Services and Software (System Ed. Note)

Last substantive commentary amendment:
Jun. 12 2024

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TURBOFAC Commentary (7640 words)

 

General Note on Prohibitions, Licenses and Exemptions as Applied to Social Media and Other Communications-Related Internet Services and Software (System Ed. Note)

 

1)   BACKGROUND

 

2)   THE MEANING OF “SERVICE” AND THE ACT OF PROVIDING A SERVICE “TO” A SANCTIONED PERSON WITH KNOWLEDGE OR A “REASON TO KNOW”

 

3)   THE RELATIONSHIP BETWEEN COMMUNICATIONS-RELATED INTERNET SERVICES AND THE EXEMPTIONS FOR INFORMATIONAL MATERIALS AND PERSONAL COMMUNICATIONS.

 

  a)   In General and With Respect to Persons Sanctioned Pursuant to Programs to Which IEEPA Exemptions Clearly Apply

 

     i)         Scope of Applicability of Exemptions Per OFAC’s Past Practice

     ii)         Limitations to the Exemptions

     iii)        Note re: the TikTok Litigation

     iv)        Note re: Potentially Exempt “Software”

 

4)   SOCIAL MEDIA ACCOUNTS AND OTHER SERVICES FOR PERSONS NOT ELIGIBLE FOR IEEPA EXEMPTIONS - 594.508 OF THE GTSR AND “MATERIAL SUPPORT” FOR FTOs

 

5)   THE STANDARD “INTERNET SERVICES” AND SOFTWARE...