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Case No. SU-3464
[ ]
Bosserman Aviation Equipment, Inc.
2327 State Route 568
Carey, OH 43316
Dear: [ ]
This responds to your letter of August 23, 2010 (the "Application"), to the United States Department of the Treasury's Office of Foreign Assets Control ("OFAC"), for a license to export aircraft refueling trucks for use by Tristar Transport LLC ("Tristar") for their operation in Sudan. You indicate in the Application that Tristar's Sudanese operations provide aircraft refueling services for the United Nations Mission in Sudan.
Except for certain exemptions and general authorizations, the Sudanese Sanctions Regulations ("SSR"), 31 C.F.R. Part 538, prohibit the exportation or reexportation, directly or indirectly, to Sudan of any goods, technology (including technical data and software) or services from the United States or by a U.S. person, wherever located, or requiring the issuance of a license by a federal agency.[1] The prohibition on...
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1) BACKGROUND
“Tristar Transport LLC” is a (and was) a large, Dubai-based energy logistics provider with operations in various countries (https://www.tristar-group.co). The company was (and is) a significant provider of goods and services to the United Nations. See e.g. https://content.unops.org/publications/ASR/ASR-2010_EN.pdf, detailing the procurement of ~$23 million worth of energy-related products in 2010. There is no reason to believe that Tristar could have been considered a “U.S. person” for the purposes of this guidance letter (and it is unlikely that it would have made a difference).
2) U.S. PERSON ACTING IN FURTHERANCE OF NON-U.S. PERSON ‘CONTRACT’
The “official business” GL cited in the letter covers “transactions for the conduct of the official business of the United Nations specialized agencies by employees, contractors, or grantees thereof.” In this case, the...