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

Last substantive commentary amendment:
May. 27 2023

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TURBOFAC Commentary (1874 words)

General Note on the Meaning of 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...