General Note on the Meaning and Significance of the Term “Conspiracy” as it Appears in OFAC’s Regulations (System Ed. Note)

Last substantive commentary amendment:
May. 04 2024

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General Note on the Meaning and Significance of the Term “Conspiracy” as it Appears in OFAC’s Regulations (System Ed. Note)

1) BACKGROUND

Section 1705 of IEEPA provides that “[i]t shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of any license, order, regulation, or prohibition issued under this chapter.”

OFAC’s standard regulations contain a boilerplate provision entitled "Evasions; attempts; causing violations; conspiracies,” which provides that “[a]ny conspiracy formed to violate the prohibitions set forth in this part is prohibited.” (See e.g. 578.205(b)).

Like “causing” and “evasion,” “conspiracy” is a type of violation that can only be charged with reference to some underlying activity that would violate a substantive prohibition administered by OFAC. Compare General Note on the Apparent Scope of "Evasion/Avoidance" Provisions and General Note on Causing...